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Breach of agreement to sell and purchase / bayana agreement

(Querist) 25 June 2012 This query is : Resolved 
Dear Sir,

In September 2011 I entered into an agreement to sell purchase/bayana agreement with Mr. A for a DDA property at Delhi which is in his and his father’s name and on hire/purchase. As on date his father is no more and they have filed the documents for mutation and freehold.

That the sale consideration of the property was settled at a lump sum of Rs. 14,50,000/-. Out of the total sale consideration I have paid the earnest money/advance amount of Rs.1,50,000/- (Rs.1,37,550/- in cash and Rs. 12,500/- through cheque).

That as per the terms and conditions of the Agreement to Sell the date for execution and registration of the sale deed was fixed after 45 days of execution of the conveyance deed in my favour.

But now Mr. A is not willing to perform his part of contract and wants to pay double the amount of earnest money/bayana which I do not want. As per the agreement:

If I do not perform my part of contract then Mr. A will forfeit the earnest money/bayana.

But if Mr. A doesn’t perform his part of contract then I am fully authorize to get the said transaction completed through the court of law under the suit for specific performance at the costs & expenses of the first party”.

The Bayana agreement was executed on a Rs. 50 stamp paper and was also notarized.

I do not want the double amount but the property. I will appreciate if you could let me know what I should do. Would be it be advisable to file a case in the court?

Regards, Prem
Adv.R.P.Chugh (Expert) 25 June 2012
Dear Mr.Prem,

You are advised to issue him a legal notice asking him to comply with his obligation under the agreement i.e coming to the sub-registrar's office to execute the sale deed in your favour, on the stipulated date - go to the sub registrar's office and mark your presence. If he fails to turn up file a suit for specific performance. Since the contract pertains to immoveable property - money compensation (even if double the value of earnest money) can never be adequate relief - and the loss that you would face - no money can quantify the loss of a dream house.

Hence with these facts stacked up in your favour - you have a very positive case.

Good Luck !

Advocate Bharat Chugh (Delhi)
Raj Kumar Makkad (Expert) 25 June 2012
Nothing remains to be added in the wise reply of Bharat Chugh.
Rajeev Kumar (Expert) 25 June 2012
No room left for further addition in the reply of Chugh
Prem Das (Querist) 26 June 2012
Dear Adv. Chugh,

Thank you very much for your prompt response. I am really grateful for the same.

As mentioned in my previous message, as per the terms and conditions of the Agreement to Sell the date for execution and registration of the sale deed was fixed after 45 days of execution of the conveyance deed in favour of Mr. A’s name and no specific date was fixed.

Can I still issue a legal notice to Mr. A and ask him to come to Registrar’s office on a date given by me? If so can you please also advise what would be the approximate fee issuing a legal notice, and if required, for handling this case?

Kind regards,


Prem Das


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