Lapse of agreement period

Querist : Anonymous (Querist) 04 June 2011 This query is : Resolved
Hi Experts,

My friend entered into an agreement to purchase a site in Dec-10, with 3 months time frame for compeletion of sale transactions.(He has paid 30% of the amount in advance).
In furthance of the agreement he has purchased the back-side portion of the subject site and Khata is already transfered in his name.
Now the seller of subject site wants 20% extra money citing lapse of 3 mons time frame despite the following conditions not fulfilled.

1) Portion of site is being used a passage, owner was supposed to compound the property.
2) There is an electric pole in the property & it was agreed to be removed(Not mentioned in agreement-Verbally).

Request your advise, since the seller was seeking time and is not refusing to register the property without the 20% extra amount.

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M/s. Y-not legal services (Expert) 04 June 2011
Is that agreement attested by any witness?

M/s. Y-not legal services (Expert) 04 June 2011
The seller can not claim any extra amount apart from that agreement.. By issuing a legal notice you just show your ready and willingness. If there is no response mean just file a specific performance suit.

Guest (Expert) 04 June 2011
If any condition is not entered in to an agreement and not fulfilled the same cannot be treated as not fulfilled. May there be any verbal commitment you cannot treat the agreement not fulfilled on that basis. It was for your friend to get those conditions also entered in to agreement, which were settled verbally, as without proof the law may not be able to help him.

About item (1) you have not stated whether any such condition was included in the written agreement or not?

sanjeev murthy desai (Expert) 05 June 2011
Please check the sale agreement, whether it has any defalut clause from the parties. If said defalut clause or extra amount clause is not there then dont pay any single paisa also.

Please file consumer case and also file specefic formance case against the seller.

If you need any clarifications, please contact personally my number is 098860 37926

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