Seller not co-operate for registration of property
Deepak
(Querist) 15 July 2020
This query is : Resolved
Hi
We have purchased the flat in Thane (Mumbai) and have paid the token money INR 51000 in the month of Feb'20 & subsequently on 15th Feb'20 he transfered Rs. 7 Lacs to Seller bank account.
On 6th March'20 we have paid the stamp duty and registration fees to the government and generate the challans. On 9th march we schedule the registration but due to some personal work we cancel the registration and reschedule the same on 14th March which was cancelled by the seller due to his personal reason. and thereafter due to lockdown we could not able to do the registration. From 1st June'20 registration offices are open hence we contacted to seller but he is not ready to come for registration due to fear of corona. Since last 1.5 month we are following up with him for registration but he is not ready to come. He is staying in the same area where registration office is located. (approx 300 mtr from registration office). we have not done MOU & token receipt as well.
Now we want to cancel the deal & we want our money refund with interest if the seller is not ready to complete the deal on or before 14th August.20. Kindly advice.
1) Should we need to sign the MOU?
2) If we need to sign the MOU then what will be the conditions to be mention in MOU.
Thanks in Advance
Guest
(Expert) 16 July 2020
Sorting it out amicably with out misunderstanding and disputes would be the smooth remedy.
Dr J C Vashista
(Expert) 16 July 2020
Did you issue any written notice to the vendor ? If so, what is his reply ?
If not, issue a legal notice qua revocation of the agreement to sell /purchase citing all events/ communications.
Follow the notice (after notice period) and file a suit for specific performance.
SHIRISH PAWAR, 7738990900
(Expert) 16 July 2020
Hello,
You have to take legal action against the seller. Issue legal notice and file specific performance suit in civil court against the seller. You can also communicate with the seller and try to resolve the dispute amicably.
Rajendra K Goyal
(Expert) 16 July 2020
Try to execute agreement for sale with the vender. Take receipt of money paid.
Send letter with e-mail, SMS, WhatsApp message for next date fixed for registration, if do not turn up, may file case of specific performance.
If not interested in the deal, try to have amicable settlement.
Otherwise discuss with local lawyer and send legal notice accordingly.
P. Venu
(Expert) 16 July 2020
The best option is to file an action for specific performance. Before that, you may serve an advocate notice to see that the amicably settled.
kavksatyanarayana
(Expert) 16 July 2020
Did the seller execute the sale deed or not? If the sale is executed by him, you can present the document before the Sub Registrar under Sec.36 of Registration Act. Then the Sub Registrar will issue a notice under RP. If not executed the sale deed by seller, file case for specific performance in the court concerned.
Sri Vijayan.A
(Expert) 16 July 2020
First make an agreement stating the agreement period is till 14th Aug 2020
Make all the T&C entered in the agreement.
Simple agreement is enough. He is not denying the receipt of money. Due to fear about Corono, he is not arranging for registration. Even you can make the sale deed which can be registered within 4 months from the date of execution.
Do not complicate the issue by sending legal notice or initiating legal recourse.
Try to solve the issue amicably.
A. Sri Vijayan
Rajendra K Goyal
(Expert) 17 July 2020
Best option is to have amicable settlement, ask for refund with interest as you are not interested in going ahead with the deal.
