Agreement for sale
ajit
(Querist) 04 April 2012
This query is : Resolved
sir,
I have advance certain amount to a guy as advance on the condition that if he defaults I would purchase the property on the basis of the sale agreement I executed on the stipulated amount. But this guy now would not refund my money and doesnt want to handover the proprty to me. He has also taken housing loan from a finance company. In the sale agreement which is not registered i have mention the fact that once I take the property the bank laon amount which he owes would be payoff by either of us . There is also an arbitration clausein the agreement. Please advise how fast Can I grilled him as he has cheated me.
Raj Kumar Makkad
(Expert) 04 April 2012
You issue him a notice for the registration of sale deed on a particular day and hand over the possession accordingly as per terms of the agreement failing which first approach arbitrator and then file a suit for specific performance.
V R SHROFF
(Expert) 05 April 2012
Rightly Advised by Shri Raj,
U can use word cheating, if u can prove, he never wanted to perform his part of duty from the very beginning.
So issue notice, then go for arbitration , get award, execute it. , then civil suit for sp perf
