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sabari (ACCOUNTANT)     02 April 2015

Sale agreement

Dear Sir / Madam

Good morning

I have a sale agreement between me and buyer from 05-12-2014 to 05-03-2015.

In this agreement we have deal that, before 3 months the buyers must buy the property otherwise the buyers will lose the advance amount,. I had more than 3 times to reminder the buyer but no response from him.

Till date the buyers did not buy my property so i want to change the buyer

at the time of registration i have any problem for that

pls guide me for the right way to go



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 April 2015

Sir,

 

Its no problem on your part. Write an application to the buyer to come forward and perform his part of the contract to be  on a safer ....If he does not respond despite that, its a breach of contract on his part.

 

Warm Regards

Kapil Chandna Adv

9899011450

saravanan s (legal advisor)     02 April 2015

you send a legal notice to him mentioning that he will forfeit the advance amount if he doesnt come forward to honour the sale agreement but if he still reluctant then you can continue your transaction with any other prospective buyer

shaik fareed (Rretired)     03 April 2015

 

Hi sir

 

 

 

 

I want your valuable opinions regarding below. Please kindly read the below details with patience completely.....


Actually my father made an agreement with my uncle with 30L of property on house. The agreement terms are:

1.The agreement is made on 14.20.2011for total house with 30L by taking an advance of amount 8L. The time period for the registration is 7 months.

2.The seller should vacate the house where he given for rent and should handover the property to the seller on or before 7 months by taking the remaining amount and make registration.

3.If the seller fails to do so, he should return with interest of amount 16L to the buyer.

4.On the other hand if the purchaser could not paid the remaining amount within 7 months the agreement will made cancel and he will not get the advance amount.

Again my uncle approached to my father by asking some amount to vacate the house as he didn’t yet. Like that my unlce took again 4L and made an endorsement on the backside of the original agreement by extending the date of 28.6.2012. Totally he took 12L from my father. As my father reminded him again & again to vacate the house and handover it soon. He was just going to delaying. Later we got to know that my uncle again made an agreement to other person for 35L by taking advance amount from him. When we got to know, my father called him to ask on his deeds. He threatended my father that he will not return the advance amount or nothing and threatended by saying as do whatever you want, this is my property.

Then my uncle send us a notice by saying that the agreement time period is over & he will not refund the amount.

Then my dad reverted a notice that he is making a false allegations on him. As my dad was always ready to perform his conditions by holding the remaing amount in bank. So that he could come and vacate the property of house from the renter and handover the property, which he did not made and make a other agreement which is cheating(420).

Again we issued a notice to come and perform the conditions of the agreement to vacate the house and make a register by taking remaining amount.

But he didn’t responded yet. As my father is a retired government employee with 4 daughters. He has many responsibilities.

I want a suggestion that what to do.

Till yet we didn’t do anything because he is our relative. But now, its almost over he is not ready to return the amount nor vacating the house nor making a registration to us.

And now we don’t want the house because the renter is not vacating, what to do in this situation.

How to file a case on our amount?

Can we file a case with interest amount or not?

What is the time period of our agreement? As he taken amount and endorsed by extending the date of agreement to 28.06.2012.

Please kindly do suggest with your valuable opinions with Act No.

 

Thank you.

 


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