Seller is not ready to do sales deed

Querist : Anonymous (Querist) 07 February 2019 This query is : Resolved
Dear Sir
One of my relative has purchased property for 54 lakh. The deal was finlised and notorised on 17th sep 2018 where in this notry 3 months period was tkaen to complete the contract. But the loan procedure was delayed and the agreement of sale is done on 5th Dec 2018 before 3 months of complition of the period mentioned in notry.
in this agreemtn the period to do the sales deed was 25th dec 2018. but in the search report of LIC there was one document required from the seller, which was not with him or in his bank from where he has taken loan. then LIC published notice on 21st dec 2018 asking people to reply within 15 days.
No one took objection LIC proceeded the loan file and issued a cheque in favour of sellers bank loan a/c on 14th Jan 2019. but the seller refused to do sales deed as he said that the deed is not completed in time period and it is buyers fault and asked to pay rs 100000 more and rent for 2 months as he said that he has taken another house for rent but he is living in the same property.
The buyer issued legal notice to him on 23rd ?Jan 2019 asking to complete the sales deed in 7 days. The seller deposited the security cheque on same date which was given by buyer. the cheque returned form the bank satting reason signature mismatch.
after that he agreed and the cheque from LIC is deposited into his bank loan account on 1st Feb 2019.
The cheque was cleared on 2nd Feb 2019. One 4th Feb 2019 the seller replied to the notice of seller refusing delay from his side and sated that he will file case of 138 aginest the buyer and not ready to do the sales deed.
Can he file the case of 138 as the payment is already done by LIC. Can the buyer complete the sales deed by court?
How much time it may take?
Can the byuer get penality charges form the seller?

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KISHAN DUTT KALASKAR (Expert) 08 February 2019
Dear Sir,
One of the party must file suit and matter will be decided by the Civil Court judiciously on merits after hearing both the parties and perusing documents produced by respective parties.

Please mark “LIKE” if satisfied by my answer.

P. Venu

(Expert) 08 February 2019
Yes, you can file a suit for specific relief; however, it is a discretionary remedy.

Dr J C Vashista (Expert) 09 February 2019
Move in specific performance suit, mandatory and permanent injunction restraining seller to file complaint u/s 138 NI Act.
Engage a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
If you are located in Delhi/NCR and feel so, may contact me (on appointment) at:
Ch. No 647, Dwarka Courts Complex, New Delhi; Cell # 9891152939

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