Dear All,
I have purchased a house property vide Agreement for Sale dt. 20/06/2013. The total consideration was to be paid on or before 10/08/2013. I have made the payment of the total consideration. However the seller is now making absurd demands of not executing the Transfer Deeds unless I make some additional payment.
Ø The relevant clauses in the Agreement are:
1. "THE TRANSFERORS" have agreed to sell, transfer and assign to "THE TRANSFEREES" and "THE TRANSFEREES" have agreed to purchase and acquire the said Flat ___________, together with all rights, title, interest, benefits, sinking fund amount, shares, etc. for the lump sum price or consideration amount of Rs. 40,00,000/- (RUPEES FORTY LAKHS ONLY).
2. "THE TRANSFEREES" will pay to "THE TRANSFERORS" the sum of Rs.2,00,000/- (RUPEES TWO LAKHS ONLY), on execution of this Agreement, as per the details mentioned in the receipt hereafter written, being the part consideration amount, (the payment and the receipt whereof "THE TRANSFERORS" doth hereby admit and acknowledge).
3. THE TRANSFEREES will pay to THE TRANSFERORS the balance consideration amount of Rs.38,00,000/- (RUPEES THIRTY EIGHT LAKHS ONLY on or before 10th August 2013.
4. THE TRANSFERORS shall hand over to THE TRANSFEREES the vacant and peaceful possession of the said Flat against receiving the full consideration amount.
Other clauses are general in respect to execution of other documents, payment of Transfer fees, payment of stamp duty by the purchaser etc.,
Other Facts:
Ø As per the oral agreement, the flat was to be transferred alongwith the furniture. However the same was overlooked while drafting of the Agreement.
Ø The payment of consideration has been made by cheque, which have been cleared. However I do not possess the receipts of payments made as the Broker said he shall prepare the receipts and hand them over the next day;
Ø The possession of the flat has been handed over to me by the Transferor on payment of full consideration on that day
His contentions:
The agreement no where mentions the handing over of furniture by the Transferor. If I disagree to make the additional payment he shall take away the furniture.
He shall not execute the Transfer Forms unless the additional payment is made.
Query:
1. Does the seller has a right to take away the furniture?
2. What remedies do I have to transfer the flat in my name as I have made all the payments?
Thanking you in anticipation.
