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SAB   28 April 2018

Property owner not register the property after agrement

This is regarding a property on 4thAugust 2016 in a prime locality of Hyderabad (I am living in UAE). I finalised on a property, which was a 120 Square Yards site, the total price agreed as per agreement was Rs.53,00,000. An advance of Rs.10,00,000 was paid and a Sale Agreement was made and I did not registered in the concerned Sub-Registrar office.

Property owner is a Hindu senior citizen woman (Widow) and has a 4 married daughters. In this house, 2 small shops (each 8 x 8 feet) are running from 6-7 years by two different tenants. One of them has filed a ORIGINAL SUIT In The Court Of :XXII JUNIOR CIVIL JUDGE, Jr. Civil Courts, Hyderabad on 16thAugust  2016   Under Act(s) CODE OF CIVIL PROCEDURE, 1908 (HB)  & Under Section(s) U.Sec.26R.wO.7R.1and2ofCPC. Now the case status is CROSS EXAMINATION OF PET. Property owner is defending the above cases & also filed a complaint in September 2016 on another shop rental to vacate the house. Moreover, in April 2018 she filed a Rent increment case on both of the tenants. Due to this problem, we have extended the agreement 3 times as on this date with mutual understanding with property owner.

“As mentioned in agreement In case Seller will back out from deal then Seller will return the token amount paid by buyer along with equivalent amount as penalty.”

And Seller is verbally agreed to pay Rs. 15,000 per month towards the compensation for the token amount.(this is not mentioned in agreement)

The terms being mentioned as per the extension of agreement, that the property would be registered within 6 months by paying the balance of 43 Lakhs. It's been about 3 months now and I am willing to get the property registered by paying the balance amount. But the owner is telling that she doesn't want to sell the property, and that she is ready to give back the advance I have paid (10 Lakhs) with the compensated amount (3 Lakhs). She is been telling different stories for the past 2 months. After enquiring with the broker as to why the owner was doing this, I came to know that she has got an offer of Rs. 63,00,000.

What are options I have? Please do guide me, I am living in UAE, the agreement will expire in the next 3 months.

 



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 3 Replies

Siddharth Jain   28 April 2018

Specific performance is a remedy available to you. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract.
For any other queries feel free to contact me at isidjain1@gmail.com

Jatinder Bagri   28 April 2018

agreement to sell - total consideration paid- possession not delivered but in agreement mentioned possession delivered

Jatinder Bagri   28 April 2018

agreement unregistered

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