Agreement for sale of flat

Querist : Anonymous (Querist) 24 September 2011 This query is : Resolved
sir,
I made an MOU with x in the month of june 2010 for sale of my flat"A" and took a token money of RS 3/- lakhs also with the person x which is also mentioned in the MOU.There is no time period mentioned in the MOU and also MOU speaks nothing more then the token money. In the month of august 2011,the person X entered into my flat "A" forcefully by breaking the lock BUT I came to know about it few days back of this month about it and also i have not lodged any complint in the police.Now because of such behaviour now I dont want to sell my flat "A" to X although the person X is ready to pay the money agreed in the MOU.I am also ready to return their token money but i will not sell my FLAT to such person.please suggest me .

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Devajyoti Barman (Expert) 24 September 2011
Do not waste time any more.
File a case of trespassing against the buyer.
Send a letter of cancellation of sale agreement in the meantime showing your willingness to return the earnest money as well in the said notice.

Querist : Anonymous (Querist) 24 September 2011
THANK YOU BURMAN SIR

ajay sethi (Expert) 24 September 2011
if x had broken into your flat you should have immediatedly filed police complaint for trespass . more thn a month as passed since the occurence yet you have not taken any action .

if X is willing to pay balance amount accept it .

in case X refuses to vacate premises you will have a lengthy court battle ahead .
you will have to file suit for declaration that you are the owner of the property for appointment of court receiver etc in respect of said property .

Raj Kumar Makkad (Expert) 24 September 2011
I do agree with ajay. It is better to dispose off your flat if buyer is ready to make you full payment as agreed ignoring his unpardonable guilt. He should feel publicly apology from you. You get registered sale deed in his favour at the earliest.

Shailesh Kr. Shah (Expert) 24 September 2011
Nice advised by Mr. Ajay Sethi and Mr. Raj Kumar Makkad.

prabhakar singh (Expert) 24 September 2011
TAKE YOUR PRICE IF AVAILABLE AND ENJOY PEACE,ELSE THERE IS A LONG BATTLE AS YOU NOT ONLY FAILED TO CHECK THE TRESS PASS BUT HAVE DELAYED CONSIDERABLY TO REPORT THE MATTER WITH POLICE.

Mr. Ajay Sethi and Mr. Raj Kumar Makkad have conveyed you to proceed nicely.

R.Ramachandran (Expert) 25 September 2011
Yes, I completely agree with the views of Mr. Ajay, Mr.Makkad and Mr. Prabhakar.

Chanchal Nag Chowdhury (Expert) 25 September 2011
U may first lodge a criminal case for house trespass. Then file a case u/s 6 of the Specific Relief Act for summary recovery of possession.
However, keep Mr. Prabhakar Singh's advice in mind as it may turn out to be a financial bonanza for the Advocates & both of U finding the gains to be not worth the price.

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