Property Agreement
Nagraj
(Querist) 26 May 2011
This query is : Resolved
Dear Sir,
I have a query.
One month back i purchased two sites of dimension 30*40 ft size for Rs.2.4 lac each.At the time of registration,i faced shortage of amount,
so i requested the owner to register one site and to make agreement for the other one.
So i registered one site and made agreement for the other one by paying a cash amount of Rs. 10000 and fixing time of 3 months.
Now (One month completed) i have taken a loan and arrenged the money to register for the second site.I called him several times but he was giving unreasonable answers and avoiding me.
Agreement is having a time of three months(April-11 to 10-July-2011).
When & What action can i take?
Since the taken property was 320 Kms from my current residing place,i have already spent aroun 5 to 6 thousand on travelling.Can i get the expeses waht i have spent on travelling and boarding?
Compensation for harresment?
Please assist me.
Thanks & Regards
Nagraj.S.Babu
Devajyoti Barman
(Expert) 27 May 2011
You can at most file a suit and pray for specific performance of contract. F0r your harassment there is no relief.
However, granting the relief for specific performance is discretionary. The court in stead may pass decree of damages than specific performance where your harassment may be taken into account.
adv. rajeev ( rajoo )
(Expert) 27 May 2011
First issue notice to the owner informing him that you are ready and willing to purchase the property so and so by paying the balance sale consideration and give him a time to execute the regd., sale deed, if he failed then you will have to file suit for specific performance. If suit is decreed with cost you can recover the expenses made by you for the case. You wont claim expenses earlier to filing of the suit.
R.Ramachandran
(Expert) 27 May 2011
As rightly advised by Mr. Rajeev, you have to issue a Legal Notice to him conveying your ready and willingness to perform your part of the contract i.e. ready to pay the balance consideration of Rs 2.3 Lakhs, and requesting him to execute the Sale Deed as per the agreement. For this the best course would be to take out a "Demand Draft" in his name for Rs. 2.3 lakhs. KEEP THE ORIGINAL WITH YOU. Attach only the photocopy of the DD along with the Legal Notice. This will be the highest order or proof of your readiness and willingness to pay the consideration. If he does not responds then you can go ahead and get the sale deed registered in your favour and give him the DD which is already with you.
If he does not respond within the time specified by you in the legal notice, then you can file the suit for specific performance. After filing the suit, you can get the DD cancelled and get the amount credited into your account. The Court will decide the suit.
Bovan Cherian Varkey
(Expert) 27 May 2011
As rightly advised by the other experts, you have to issue a registered communication to the seller informing that you are to perform your part of the contract. Since you have time till July, wait for some time and send another communication by registered post stating your availability at the concerned Registrar's Office (specific date) and make yourself available there. Please make sure that you were available on such date at the Registrar's office by witnessing some other documentation and if possible get a copy of the said documents ( for evidential purpose).Then file a suit for Specific Performance in August.
Guest
(Expert) 27 May 2011
Agree with Mr. Varkey. Legal notice would be advisable only if you do not get response to your written request for specific performance and absence of the seller on the appointed date of the agreement.
