Query
N.Shanmuga sundaram
(Querist) 21 April 2012
This query is : Resolved
Sir,
Recently i had a emergency and plan to sale my house which is located in the village area and the party who is residing on rent in my house interestd on my property and he paid 25000/Rs as advance and we written in 20/Rs stamp paper in such a way that i have taken 25ooo/Rs advance and the 50% balance amount will be paid during the agreement and the final settlement will be done during the registration.Unfortunately no time bound was mentioned for all these activities.But nearly 3monhts passed still the party he is not coming for the further process.I want to sell the property for a emergency.If can i sell it to the another party. if there is any legal class by which the first party can make case againt me.
Raj Kumar Makkad
(Expert) 21 April 2012
Instead of selling and inviting legal problem for yourself why you dont issue a legal notice to the buyer party and demand from him balance amount and then a registered sale deed within a stipulated time. It shall be better for you otherwise you shall have to face unnecessary litigation.
N.Shanmuga sundaram
(Querist) 21 April 2012
But the party is willing to pay 2laks Rs less againt the initial talk,otherwise he is asking to wait to 1yr.Another party is waiting with full cash.now guide me what todo
Devajyoti Barman
(Expert) 21 April 2012
yes by sending notice cancel the agreement first and then sell to any person you wish.
ajay sethi
(Expert) 21 April 2012
the mistake you made was not geeting agreement drafted by lawyer . had you spsent few thousand on legal fees you would not have faced this problem .
generally in all agreement period is mentioned wherein he has to make final payment . if you sell the property to another buyer he will go to court .
better settle with the buyer . inform him of other offer that has been received by you wherein full payment is being paid immediaedly . if he fails to see reason then issue legal notice to make balance payment within 2 months or so
Shonee Kapoor
(Expert) 21 April 2012
If you have to resell, cancel the first agreement by issuing legal notice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
