Property Dispute after giving Earnest Money??

Querist : Anonymous (Querist) 26 January 2011 This query is : Resolved
I have given earnest money for a property in Delhi, two months back.

The seller is not willing to handover the property.

Last date of transaction settled was 02/02/11.

I am ready with the full payment in white money.

There is a "double amount returning" clause in the Bayana Agreement (Earnest Money Agreement), if the seller does not give the property.

What is the legal recourse for me to get the property or Double the Bayana ?

Should I send him a legal notice or do some thing else?

How to prove my stand in the Court of Law that I am ready to complete the transaction and it is the seller who is backing out ?

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Devajyoti Barman (Expert) 26 January 2011
If the owner does not complete the sale then immediately after expiry of the due date send him a notice expresing your willingness to complete the purchase and ask for his cooperation asap. If he fails to do that within the notified time or in a reasonable tme then file a suit for specific performance of contract. It would be better if at the time of sending him the notice you attach a draft copy of sale deed as well for his approval.

Querist : Anonymous (Querist) 26 January 2011
Sir.if i would send the notice after the expiry of the due date ,he would say that my claim has expired with the expiry of the due date so why not send him a notice before the due date---respond please???

Querist : Anonymous (Querist) 26 January 2011
For urgency can I send him a short message through telegram ?

niranjan (Expert) 26 January 2011
Show your ready and willingness in your notice before due date. Because on your part you have to pay money on or before that date.

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