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Mahendra Varma MPK (prop)     12 July 2018

dispute between buyer and seller. seller refuses to execute sale deed.....

Dear Seniors,

Requesting your views and advice on the following issue.
A client was purchasing a property and the seller had come to the registrar office and signed the sale deed also. But before the same was registered, the sub registrar left for an urgent work and seller also left the office. However sub registrar came back sometime later in the day but seller was not available for registration. From next day onwards, seller is dodging and refusing to come and execute the sale deed.
Later we found they are in discussion with some other people to sell the property at a higher price.
Kindly advice the remedies available for the buyer to resolve this issue quickly as he had taken a loan for the property which was used to release the docs from another housing finance.
This case pertains to Tamilnadu.
Also shed light on the powers of sub registrar to ask the seller to execute the already signed sale deed.

Thanks in advance.


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 5 Replies

R.Ramachandran (Advocate)     12 July 2018

Is there any agreement to sell/purchase between the buyer and the seller, prior to the execution of the Sale Deed?

R.Ramachandran (Advocate)     12 July 2018

Also please indicate whether the buyer has given any advance, which was duly acknowledged by the seller, towards purchase of the property in question.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 July 2018

Sir, 

 

 

File the suit for specific performance of the contract or if the possible cheating and criminal breach of trust ... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

Mahendra Varma MPK (prop)     12 July 2018

Dear Mr. Ramachandran sir
There was an agreement but it is lapsed now.
But based on the agreement client took a home loan and used a part of it to close a loan taken earlier by the seller.
sellers cofirmation letter for allowing the buyer to make payment directly to their financier.

R.Ramachandran (Advocate)     13 July 2018

When you say lapsed now, what do you mean.  State clear facts.

In fact you have to come with full facts with date of events etc., to enable any one of us to apply our minds.


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