Seema (assoicate) 06 November 2009

purchase deed cancellation

Hi,

i purchased a flat from an owner who did not have the occupancy certificate and conveyance for the flat.At the time of sigining the agreement i paid him 2lacs and 1.25lacs on registration. Thebank refused to approve the loan for the remainign amt cos of the non avaiability of the OC and conveyace no.I requested the owner to cancel the sale agreement and the registration and refund the downpayment. The owner has been delaying the same for months now. The flat is registered in my name and the original docs are with me. Please help so that i can get the DP money back n the registration cancelled from my name.

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5 Replies

A V Vishal (Advocate) 06 November 2009

Send a legal notice through an advocate based on the contents of the agreement signed initially with the vendor, then file a suit for specific performance of the contract and claim damages for delaying the process because of which you are being put to unnecessary mental tensions and financial loss. In case you still want to cancel the deal, you can but only with the court's intervention.

R K Makkad (Lawyer9) 07 November 2009

The opinion of Vishal is perfect.

R K Makkad (Lawyer9) 07 November 2009

wts going on?

G Vivekanand (Advocate) 07 November 2009

I think first you have to establish that you have done duediligence on the title of the property and requested for the OC before registration. Then you must establish that you got registered the sale deed on the condition that the owner shall procure OC. Unless these were the terms of the contract based on which the sale deed was registered, your claims may be barred by the doctrineof estoppel and acquseince since the doctrine of caveat emptor shall be against the purchaser.

Seema (assoicate) 07 November 2009

I want to cancel the deal. On my agreement it was handwriiten that if i am unable to pay the bal amt within 40days the agreemtn will be considered void and the earnest money paid will be forfeited. This agreement was registered. I have another agreement wherein the vendor has signed stating that an amt of 10k will be deducted from the advance.Please help as i need the money urgently.