Seller reluctant to execute sale agreement

You should seek alternate prayers in your suit . Ask the court to enforce specific performance of the said agreement and claim an alternate releif of seeking return of the entire amount paid by you as consideration . Ask for interest at the contractual rate as well . You shall definitely be provided litigation expenses as well as damages if you claim for the same .

You may follow the above advise.

Did the seller appear on date of sale deed registartion inserted in agreemen to sell?

Did you appear before Registering Authority on date of sale deed registartion inserted in agreemen to sell?

Did you extend the date with signed mutual agreement?

 

 

Dear Sir, Yes the seller and buyer(my father) were personally present in court on the date of agreement and both have signed the agreement papers.In the agreement itself it was clearly mentioned that within three years it has to be done by paying the remaining amount. There were two witness,one my family friend and another the blood relative of seller(his nephew) who signed as witness.My family friend who was approx 70 years old died a natural death last year. The seller is an influential,rich but dishonest person and that's why he keeps on refusing.At the end left with no other option ,we send him legal notice. Regards, Arun K Jaiswal.

You have posted that:

 

"In the agreement itself it was clearly mentioned that within three years it has to be done by paying the remaining amount. .....................The term of agreement expires in mid of September,2016. "

 

The term of three years is yet to expire in September,2016.

 

There was no need to send legal notice in such case.

 

Appear before Registering Authority on date of sale deed registartion inserted in agreemen to sell, and mark the seller absent if he does not appear.

 

Prior to that try amicably.

 

 

Dear Sir,

We tried amicable ways possible ,but to no avail.The legal notice was advised by expert in order to have officially asking the seller to execute the deal before expiry of agreement term.

In case if it was not done, the seller might have claimed that we were unable to arrange the money within speified term and so he is not interestead as the term already expired.

Prior to sending him the notice to execute the deal, we tried amicable ways, but he kept on saying that we will do it , why to hurry. His motive was to let the term expire and probably then make a claim that we were uanble to get it done within the agreed time.

I have couple of queries,

If we go for claiming over property with remaining amount to be paid,is there any issue ?

who will bear the expenses of legal processes ?Seller or Buyer?Or there any options that court might favor the seller and ask him to pay the money rather than executing the agreement?

As a buyer , our preference is obviously the property as cost appreciation and time lost duing all this.

Regards,

 

 

You have posted in;

Previous post that; "The term of agreement expires in mid of September,2016. ""

In last post that: " in order to have officially asking the seller to execute the deal before expiry of agreement term.'

Thus the term of three years is yet to expire in September,2016.

 

You shall have to pay the legal fee etc.

Your counsel must have already guided you that suit for Specific Performance can be filed.

Expert/member has also already guided you. 

 

 

 

Thank You Sir, We will go by our counsel advise.considering the slow judicial process of our country due to multiple factors, how much time do we expect to settle such case and how much approx it may cost us?Your valuable advise on this is highly appreciated. Regards,

The cunsel that you approach at your location can guide you on all points that you may have.

Sir.. I have a similar case like that of Mr.Arun Jaiswals. We had executed an MoU in September 2011. The document was not registered in the court though..it was on a 200 rupee stamp paper..duly signed by builder and witnesses. My question is we keep hearing different versions from different lawyers in the exact duration of the validity of such an MoU. Some say anything written on a piece of paper as an agreement is valid..no matter how long ago it was done. Some say validity of an MoU is for 3 years. Moreover if there is proof that the builder has been in touch until recently and is has committed something over an email communication...does the agreement still stand? My only concern is ...if there is enough prop that money was paid to the builder. .why would any MoU have a short lifespan? Afterall the builder can never escape the fact that MONEY actually was paid to him/her. Then why such dramas around the validity of the MoUs and other agreements?

Dear Sir,

In response to our legal notice sent to seller to execute the deal, we have now got a response by court notice saying from seller saying that he want to settle the matter by paying the advance amount of 13 lacs+ interest by bank rate instead of selling the property.

Does this argument stands any substance in court ? We paid an advance of 13 lacs about 5 years ago with a hope that we will be buying a property in city area and shift our family to city.Now after 5 to 6 years of time the guy wants to pay back the advance amount instead of giving the property.What if we go to a court case requesting them to execute the specific performance.after all the agreement was done before a registrar in a court and we paid the stamp fees etc and followed the due process.how can he default on such an agreement?

Regards,

Arun Jaiswal.

You must have sought specirfic relief on your paryer.

Court shall decide.

It is your call to accept or reject the offer.

Yuor able counsel can guide yuo further.