Sales deed issue
Querist :
Anonymous
(Querist) 12 November 2021
This query is : Resolved
Hi, I want to know what actions I can take against seller if he denies to come to sign the sales deed even if all the required payment transactions are done? Their loan have got transferred to me and I have paid 2 EMI till now. Its due to their dispute on money with their and my broker but they are denying to sign the deed till that time. Please guide. Who has the property right in this case? I have an agreement with me and all the transaction details.
kavksatyanarayana
(Expert) 12 November 2021
You shall file a case for specific performance by consulting a local advocate for guidance.
Advocate Bhartesh goyal
(Expert) 13 November 2021
Yes , you should file suit for specific performance of contract against seller as it's his fault to perform contract.
Querist :
Anonymous
(Querist) 13 November 2021
Thank you so much. I was really worried because they willingly allowed me to shift in the house and then afterwards asked for a rent when they got all the money. I paid them rent even I paid Maintainace after that they came up with some issues that they had to bear the loss for 12000 because of wrong guidance from broker and asking brokers or me to pay that amount otherwise they won't sign the sales deed.
P. Venu
(Expert) 13 November 2021
You need to enter into argument beyond the terms of the agreement.
Querist :
Anonymous
(Querist) 13 November 2021
Will do. Thank you so much for the guidance.
K Rajasekharan
(Expert) 13 November 2021
As per the Specific Relief Act, it is mandatory for the court to enforce specific performance of contract, now.
So, the seller, if he withdraws from signing the sale deed, will have to pay compensation as well, in case the dispute reaches a court as a case.
However, you will have to inform the seller by registered post that you are ready with balance amount and other things so as to perform your part of the contract and request him to perform his part suggesting a specific date or some dates.
Querist :
Anonymous
(Querist) 14 November 2021
My all payments are done and there is no balance amount. We had removed chalan at the registration office to sign the sales deed but they denied to come. Still they are not ready until someone pays their home loan EMI amount which got deducted as DD didnt come from bank on expected date. Will informing about chalan and date/time on call or email would do?? I don't have their new house's address.
Dr J C Vashista
(Expert) 14 November 2021
Issue legal notice through a local prudent lawyer for execution of sale documents, which may be followed by a suit for specific performance, if the notice is not complied by the vendor (seller).
Querist :
Anonymous
(Querist) 14 November 2021
Ok. Will do that. Thanks!
Querist :
Anonymous
(Querist) 14 November 2021
Ok. Will do that. Thanks!
P. Venu
(Expert) 15 November 2021
I am sorry, my above posting may kindly be read as "You need NOT to enter into argument beyond the terms of the agreement." instead of "You need to enter into argument beyond the terms of the agreement."
