Anonymous
11 November 2010 at 22:06
Dear Sir,
I have recently got involved in a property dispute during purchase of a residential flat and seek advice.
I have entered into an agreement to Purchase/ biana for a residential flat ,on 13th Oct 2010 wherein I paid more than 10 percent as advance/biana through cash.
As per the terms of the agreement, I am to receive the title and peaceful possession of the said flat on or before 29 Nov 2010 after the full payment of the amount.
As per the terms, I have to give the seller of the said flat another installment of agreed amount (x) before 20th of Nov 2010 in cash. Rest of the amount is to be paid in cheque on the date on which the registration of the property will be done.
On 25th of Oct 2010, I paid another portion of agreed amount x in cash and obtained the signature of the sellers father as the seller was himself not available.
However, I have now come to understand that there is a tenant in the said flat that is reluctant to vacate the premises before settled date of final payment in this regard.
I have made several attempts to communicate with the owner/seller over telephone and even tried to fix up a meeting with him. However, none of my attempts has borne any fruits as he has avoided meeting me on one pretext or the other. Under the given circumstances I am constrained to stop further interim payments to the seller unless he assures me that the said flat has been vacated by the tenant. My agreement to sale and purchase with the seller has been made for a vacant property and not a tenanted one.
However, the seller insists that I make the remaining cash payment before the final registration and that there is no provision in the agreement in the sale deed that he has to get the flat vacated beforehand.
I have clarified that the arrangements of the balance payment has already been made by me and I can make the entire payment within one week of the sellers intimation to me that he has got his property vacated by the tenant.
He however is dillydallying and delaying in giving a concrete date for getting the registration done.
As per the terms of the contract, the seller will have to return twice the amount of biana if he does not sell me the flat.
I therefore seek and would be grateful for sound and correct legal advice for my response in this regard.
Also how can I make my case stronger in case I have to go in for litigation
tdeli
11 November 2010 at 21:44
Is sanction plan a public document and can anyone have a copy of the same...
Thanks...
Anonymous
11 November 2010 at 21:43
Dear Sir,
Though the question is related to yesterday's one I feel its unanswered.Please do not mistake me..
Today when I approached concerned clerk told that EP is closed/Petition disposed off.
"" Can I go before the same court to seek directions again for Execution/its compliance in to-to? "" ie. reopening of the same EP.
Please guide & oblige
joy
11 November 2010 at 20:48
just a minute before u answered a query . in that case if opponant put the same fasle point in district court that he put in high court where it was admitted.now can it be denied here on provision of evidence in district court or will opponent will say that was accepted by high court.
joy
11 November 2010 at 20:19
in high court oppnant given false explanation without evidence based on that fact matter remitted back to district court with following verdice by high court
"Admittedly, as there was no participation of the appellant before the lower court and as the appellant has satisfactory explained as to how she could not come across the
notice published by the respondent and hence the only alternate remained with this Court is to remit the matter back to the trial court with direction to decide the same afresh in accordance with law, after giving proper opportunity to both the sides to lead and plead their cases.
.My advocate in high court not crossed stronglly my opponant at that time and now based on just false explanation matter remitted back to district court and now it is pending district court.here in district also my case is strong , here also i want to expalin how falslly oppnant expalined in high court.which will benefit me large.
can district court consider that?or what should we do insuch case?
Ravinder Sood
11 November 2010 at 20:13
(1)What is the limitation period for secured creditor for initiating proceedings/issuing notice under sec.13(2)of the securitisation Act after declaring the account as N.P.A?
(2)Whether the account becomes automatic as N.P.A. on defult of the borrower to pay the instalment for a certain period or bank authorities to pass specific order in this regard?
Member (Account Deleted)
11 November 2010 at 19:42
CMA filed for enhancement of compensation on account of death of boy aged 24 years. Monthly income of deceased is 3000/-. Father's age 46.... Mothers age 40. Negligence proved. Learned tribunal applied multiplier of 13 and awarded 2,34,000/ compensation. I request my learned senior friends to advice me n if possible post SC judgment in this regard..... Thanks
Anup Hadgaonkar
11 November 2010 at 19:32
WHAT IS THE DIFERANCE BETWEEN PRIEVET DOCUMENT AND PUBLIC DOCUMENT
satish
11 November 2010 at 19:23
My self and my mother jointly hold a house i have taken a personal loan (not given any security for that loan)
my query is that is bank people can take a attchment through court agaisnst jointly holding property or not whether my portion or my mother portion.
This Joint property having home loan form another bank
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visual standard of motor vehicle driver
Respected lawyers,
what is visual standard for a two wheeler &
four wheeler driver(private vehicle)as per
motor vehicle act?
Regards.