Property dispute during purchase of flat
Querist :
Anonymous
(Querist) 11 November 2010
This query is : Resolved
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
Devajyoti Barman
(Expert) 11 November 2010
The whol;e of the agreement should be one through first before making any suggestions. Subject to such constraint I feel if there is any clause as to the undertaking of the seller about clear title of the property without any encumbrances then the purchaser can file a suit for damages for misrepresentation as well for return of the amount already paid.
s.subramanian
(Expert) 12 November 2010
You issue a legal notice intimating your readiness and willingness to the seller to complete the sale by paying the balance sale consideration. This is very important. In that notice you can demand vacant possession of the flat at the time of execution of the sale deed. if it is not complied with,you will have a strong case for damages as per the agreement.
