Agreement to sale

 You can ask for a sworn affidavit from seller regarding lost original allotment letter.

That is all what the seller can provide you in such circumstances.

Have you asked the seller in writing, the original allotment letter and also intimated him Bank's requirement. You have to complete your part of documentation if you expect some relief from interest.

Dear Vineet,

Seller has handed over a copy of police complaint (for lost of allotment letter) to me. Do you think thats proof of lost of allotment letter?

The real issue is, he has changed his mind not to sale or sale that flat to someone else at higher price despite agreement to sale duly registered with stam duty and registration fees.

So our question is....

1. Can I take any legal action against him?

 Regards, Amit.

sir why don't you got issue a legal notice claiming about the same mentioning about the delay only because of the reason of builder any how as per you have mentioned that their is no such condition of cancelling the agreement then no problem but even though being its a matter of property and you have invested the money u r better to pay the balance amount in protest reserving ur right to claim the interest amount whatever u pay for delay as interest

Dear Srinivas,

Even if we are ready to pay interest, following two issues bother me:

1. Seller has changed his mind to sale it to me.

2. Can seller cancel the deal (we do not want to cancel it)?

3. Can he sell it to somebody else?

4. If any of the above happes, can we take legal action / sue seller?

Regards, Amit.

dear AmitK,

you can file suit in civil court and obtain stay order against seller, you can plead whole story

and produce all documents and can show that you are ready to perform your part but

whatever happened is due to failure of seller to hand over documents of his title in that

way, you can prohibit seller from selling the flat to somebody else and also for alternative

relief of specific performance and damages.

Thanks Prakash, I appreciate your response.

Regards, Amit.

Dear Amit,

Well as a matter of fact , if the original allotment letter has been lost by the seller, then as per the procedure, FIR is to be filed and a declaration/notice is to be pulished in atleast two newspapers, one of local circulation and the other being the national. Thereafter on the basis of it, a duplicate allotment letter, duly certified by the issuing (competent) authority is to be issued, replacing  the lost allotment letter. Needless to comment that the a tripartite agreement can also be executed between the seller, the purchaser and the financing bank incorporating the clauses of indemnity to the bank in case of any loss in transcation. Further, the purchaser of the property can mortgage some other property apart from the property in question as an interim security until the sale deed is duly executed in his or her favour.Other available options are assignment of policies, pledge of bonds etc. so as to make available the bank loan. Accordingly, if there is a denial of the above by the seller, you may then approach court for specific performance of the contract.

Any further commuincation shall be honoured.

Regards

Adeeb Anjum Siddiqui

Dear Adeeb,

I really appreciate your reply and very thankful to you.

Thanks once again. I click on "Thanks" but somehow by mistake clicked on "No thanks"

Please consider it as Thank gesture.