Ravishankar HY 26 April 2022

Properly sold but didn't recieve full amount.

My mom made a sale deed of 4.25 acre agriculture land to a person. and that person paid her only 3 acre land money. and when she asked for full amount he said he doubt that the land is of 4.25 acre i will give for an lamd survey and once it's confirmed by survey offer then i will pay u the remaining amount, he gave my mom an agreement stating the above. it's already been 4 + years and he is not ready to pay us the money and when i check RTC full 4.25 acre land has been transferred from my mom to him. and now he is not ready to give money. How can I fight this legally

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 April 2022

You have to go through your sale agreement. send a legal notice to the buyer for remaining amount recovery.

Divya Vijayan 27 April 2022

Hello sir!

You can send the other party a legal notice and ask them to fulfill their duty as per the contract. Since you have a sales agreement stating that the buyer would make the payment upon confirmation of the land acres you can sue for specific performance of the contract under Indian Contract Act of 1872, which means the party in breach will actually have to carry out his duties according to the contract. In certain cases, the courts may insist that the party to carry out the agreement.

So if any of the parties fails to perform the contract, the court may order them to do so. The decree of specific performance is granted instead of damages.

Kindly refer to the below mentioned link, it mentions other remedies for breach of contract:-

https://www.lawyersclubindia.com/articles/remedies-aganist-breach-of-contract-3722.asp