inderjeet (business) 03 March 2009

PROPOSAL FOR SALE AND CONDITIONS NOT MET BY BUYER

Sale of Industrial plot not received full payment and documents signed by purchaser and submitted to authorities in midc are they valid

Sir,

We had made an agreement with a person for sale of our Industrial plot with shed for Rs. 6.5 lacs and advance of rs 1.5lacs recd, with written agreement that balance will be paid in 3 months and he was not paying the balance and instead went to MIDC and signed for us and submitted documents and got the transfer letter to his and his partner joint name. We had submitted request letter to consider transfer of plot in this persons name but as per agreement signed he was to complete the transaction within 3 months whic he failed as he did not pay up. also the deal was not registered. MIDC erred in not giving us the offer of acceptance letter and accepting fees of transfer without our knnowledge and noc , the party signed the noc for and on our behalf to MIDC which is illegal and clear case 420. On our request and confrontation MIDC cancelled the transfer letter after which we have sold the plot to someone else and regd the sale and confirmed with MIDC. Now the person has gone to court that he was not given possession of the plot. kindly guide as per law. As per section 53 a he is not entitled. Thanks I S CHADHA

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4 Replies

A V Vishal (Advocate) 03 March 2009

Please give complete details and the sequence. What are the terms under the agreement and is the agreement registered

N.K.Assumi (Advocate) 03 March 2009

In Commercial Contracts, a provision is normally provided allowing either party to terminate upon the other party’s breach of contract. It is common for contracting parties to include a right for one or both parties to terminate for a material breach of the agreement by the other party.eg,

What Is Material + Breach

The meaning of "material" depends more on the parties and their characterization of the terms rather than automatically amounting to a fundamental/repudiatory breach 1.

A breach is committed where a party without lawful excuse fails or refuses to perform what is due from him under the contract, performs defectively or incapacitates himself from performing.

Material breach is possible where the term, breached is a condition or an in nominate term, the consequences of which are so serious that the breach justifies the termination.In your case, there is a clear case of falure of performing the contract and how did the MIDC issued the transfer the title in his name etc is a big question.

inderjeet (business) 04 March 2009

The agreement was to sell the plot for 6.5 l and advance was ts.1.0 l mou was for completing the sale within 3 months. he did not pay and was giving excuse death of partners brother and then fathers death by the prospective buyer meanwhile the fellow signed the noc to midc on behalf of seller and got he transfer letter issued by midc and one fine morning comes for possession of the plot and says he will pay after using the presmises and when he has the money as the plot is already transferred by midc in his name. he had received midc offer lettter meant for the seller and gave no objection certificate to midc and signed on behalf of seller. and in one day 3 letters were issued by midc 1) offer letter )noc by buyer, 3) fee by buyer and midc issued the final letter when we contacted midc officials ro ( thane ) was furious that we were wrong then we questioned him how come they accepted letter by buyer on behalf of seller giving noc buyer cannot and has no authority to issue a noc on behalf of seller. Then we had to approach midc head office Andheri they cancelled the tranfer letter and had admonished thane office for the lapse. the agreement to sale was conditional that within 3 months the deal was to complete. He came asking for advance which we said he can take after signing by both the purchasing partners. After that he disappeared. and after 1 yr he went to court askinhg for damages. what is the remedy he has no standing in this case kindly guide. We have suffered as the person concerned belongs to political party (NCP) murbad area.

I S CHADHA