Agreement problem between vendor and buyer

shrikant m dhamgaye (Querist) 07 February 2014 This query is : Resolved
what should we do if, agreement is confirmed between both the parties. (vendor and buyer) and sale's deal agreement was confirmed by notery,and one third part of the price of house , was paid. but,at the last moment the vendor is saying after getting money that, he doesn't want to sale his property and HE IS READY TO RETURN THE ADVANCE PAID.MONEY.THE PROPERTY IS GIFT DEED.NOT SALE DEED,IT IS MUTAUL AGREEMENT WITH NOTERY.CAN VENDER CANCELLED IT ONE WAY. please help me out and reply me as soon as possible. i will be waiting.

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Rajesh Pareek (Expert) 07 February 2014
You get relief in Specific Relief Act. give your brief details of fact with agreement soft copy or meet any advocate.
You also have more options in law to get relief.

Guest (Expert) 07 February 2014
If the seller is having any valid or legal reasons for refusal get back the advance amount with reasonable interest and forget it.Now a days Specific Performance had become a fashion.Avoid Litigation.

malipeddi jaggarao (Expert) 07 February 2014
Contact local advocate and serve notice. If no positive results, file suit for specific relief.

Rajendra K Goyal (Expert) 07 February 2014
Send legal notice and file suit under specific relief.

Kumar Doab (Expert) 07 February 2014

Agreed with Mr. N.J.S. Rajkumar.

Get your amounts paid with reasonable interest.Avoid litigation.

Involve people who can matter.

If you have decided to pursue legal recourse, Do not forget to get the seller declared 'Absent' by Sub Registrar on promised date of registration.

Guest (Expert) 07 February 2014
Appropriately advised by Shri Rajesh Pareek.

T. Kalaiselvan, Advocate (Expert) 08 February 2014
It seems the sale agreement was not registered. As per Supreme court ruling, a suit for specific performance of contract with an unregistered sale agreement is not maintainable. However, file a suit for specific performance of contract and add an alternative prayer to refund the advance amount towards the sale consideration, or considering the unregistered sale agreement, a recovery of money suit can be filed, but issuing pre-suit notice is mandatory.

Dr J C Vashista (Expert) 08 February 2014
File suit for specific performance with alternate prayer for refund of double of the earnest money,if there is a clause in the agreement (check it) it is maintainable even if there is unregistered agreement to sell.

Anirudh (Expert) 08 February 2014
Dear Mr. Kalaiselvan,

I shall be grateful if you could kindly give the citation of the SC decision wherein it has been held that a suit for specific performance of contract with an unregistered sale agreement is not maintainable.

P. Venu

(Expert) 20 February 2014
There is something amiss. Is it a sale deed or gift deed. If it is an agreement to gift property, how it could be enforced? And, what price, or the advance thereof that the queriest is mentioning about?

Guest (Expert) 20 February 2014
Does the Query still Exists

Guest (Expert) 20 February 2014
@ Author Normally The Experts do not Provide Citations in the Thread And many Academic Querist insist on the same.You could very well Search the Relevant Sites For the Same