Seller denying to sell the property

Retired Manager

The point is if you wish to proceed legally, you have to base your case on an unregistered agreement to sell, which may not be valid. Further, even if it is accepted with some fine or some such levy to make the agreement valid, it takes a very considerable time for the case to be settled and you need to spend much more money you have already spent for getting the loan, visits etc. I feel it is better to have a talk with the Seller, who is now backing out, to pay you your reasonable expenses and sever the relationship with this so that you shall not be further burdened with the case and related issues.

 

 


Total likes : 2 times

 
Reply   
 
Lawyer

Acknowledgement of Rs. 1 lakh has been there with respect to token money, although it is not an agreement to sell / purchase.yet it can be used for instituting a suit for specific performance with permanent and mandatory injunction.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/documents, professional guidance and necessary proceeding


Total likes : 2 times

 
Reply   
 


Advocate

Yes, you may institute a suit for specific performance. The document in hand is an agreement for sale. It is not necessary that an agreement for sale be registered. However, it is deficient in stamp and hence is bound to be impounded. You need to make up the shortage as well the fine which could be  a substantial sum.

Any how, as already suggested, you may serve a legal notice before initiating any action. Also, you have the option to place the matter before the Adalat functioning in the local court.


Total likes : 2 times

 
Reply   
 

Your agreement is flawed one. Receipt alone cannot help you. Where is the forfeiture clause? Where is the time in which the transaction had to be completed? What is the sale consideration ? Where is the Agreement of sale on non judicial stamp paper?

 

M N Rao, Advocate 

Hyderabad 

 
Reply   
 

Better I should connect with owner to check if he is negotiable further and will go for buying the property. But if he is denying to sell at all then I will have to send the legal notice it seems. Not sure how much that 1 rs stamped paper remain valid but I will still go for it as I don’t want him to sell it to someone else so easily. I will ask him to pay me hefty amount in court and will give the evidence of my spending. 

 
Reply   
 
Retired Manager

Of course, a further line of action is your choice.

 

The excuses given by the seller are all lame excuses.

If you wish to teach a lesson to the recalcitrant seller, seek a specific performance of sale as per the unregistered agreement. But your advance of Rs.1.00 lakh gets blocked with him, which he may try to give back to you by cheque or by depositing it into your account by way of online transfer since he knows your bank and account number including IFSC Code as you paid advance through cheque or he may deposit the amount in Court stating that he is no longer interested. If you accept the amount back by cheque or online transfer, your case has only the value of your getting inconvenienced and the demand for specific performance may lose much of the wind to its sail.

 

Now you have to decide to weigh all the pros and cons of the matter including the seller deciding to deposit the advance in Court and the ultimate time Court takes up the case and eventual judgement in your favour at which time also it is not known how much damages Court may award and whether such award is commensurate to the trouble you are taking and further expenditure you have to bear in the process. 

 

All the best to you.

 


Total likes : 1 times

 
Reply   
 
Advocate

Basically you have not entered into a proper sale agreement with the vendor.

The document on a white paper is just a stamped acknowledgment for the amount he received.

Even if you approach court, the court may pass an order for refund of the advance amount he received with interest @ 6% p.a. and you may have to pay the court fee more than the interest amount.

If the vendor is willing to return the booking amount, you may better accept the same and ignore other issues. 

You cannot even file a suit for specific performance of contract based on the so called agreement in your possession because it is not at all an agreement, hence the court may not even entertain your suit for specific performance of contract, hence think it over and take a wise decision at right time instead of unnecessarily dragging the issue and getting more stressed or becoming more anxious over this every day.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x