challenges in execution of sale deed


1. I am purchaser and ready to execute deed of assignment of property.

2. Seller also confirmed in email that he is ready to execute it per terms of registered agreement to sale between us. (But his behaviour is different when we are talking).

3. He is ready for sale deed but he is still staying at property that I am buying. (Agreement to sale clearly says he will give peaceful, vacant possession of property to me on receiving final payment).

4. I have taken bank loan and bank will give xerox copy of cheque for execution of sale deed and not give original cheque unless sale deed is submitted to them.

5. That means all 3 things needs to happen hand in hand.

a.Possession (How can I get it infront of registrar?. He won't give it before sale deed and may not give it after as well)

b. Payment (cheque is ready with bank).

c. execution of sale deed.

Please let me know how to execute all 3 of these together.

I also need help in fixing appointment with registrar and conveying time to seller + bank (if they are sending somebody). More importantly how to ensure seller will show up on agreed date/time.

Thank you in advance for your help. This is stressful process inspite of paying huge amount of hard earned money.

Please refer to my previous post if you need more info about matter:

http://www.lawyersclubindia.com/forum/Cancellation-of-the-Registered-Agreement-of-Sale-31560.asp

 
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Advocate Supreme Court of India

Dear

Have you paied any token money to your seller. If yes send him notice for Specific Performance of the Contract. And if the need comes sue him based on your agreement.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India


Total likes : 1 times

 
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Thank you sir.. I have paid token amount per agreement. My bank has cleared his loans too. However there was little bit of delay (a week or 2) in process than time limit mentioned in agreement.

How much time it may take to get result for such case (If I have to sue him?).

He is just trying to get benefit of me not in India, and amount of time it would take to get result from court. (That way he can enjoy possession of property for longer time)

 
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Property due diligence 9422773303

where the property is located? It looks that lot of misunderstanding and communication gap is involved in the deal.Do not go for court the saler will take disadvantage of time consuming process of Indian legal system.

 
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