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sr_v@user (ACCOUNTANT)     05 October 2021

Reg-After Sale bank payment not received

My father sold flat and Sale agreement got registered on 3rd September,2021. now as per agreement, buyer was supposed to make payment of balance through housing loan with in 20 days from registration but he has not yet availed loan and thus hasn't paid balance.
Kindly guide what action should I take now?


Quick Summary
A father sold a flat, but the buyer has failed to make the balance payment within the agreed 20 days post-registration. The seller is seeking guidance on what actions to take, as the buyer has not yet secured a housing loan. Legal advice suggests reviewing the sale agreement for clauses on revocation or pursuing civil action to recover the outstanding amount with interest.

 7 Replies

Kishor Mehta (CEO)     05 October 2021

Your legal rights of remedy will depend on the terms and conditions of the agreement entered between the parties. You should immediately consult an advocate. 

1 Like

Dr J C Vashista (Advocate)     05 October 2021

Why you are in such a hurry if you/ your father is interested in sale of the property ? Better to wait for arrangement of balance of consideration through loan by the purchaser.

As per terms and conditions of agreement, which have not been perused, you can invoke the condition to revoke the agreement, if it is covenented. 

1 Like

sr_v@user (ACCOUNTANT)     07 October 2021

Sir, i am in no hurry ! It's just that i wanted to have an legal opinion on if purchaser delays payment of balance amount, Should we need to do anything or we should wait ?

Kishor Mehta (CEO)     07 October 2021

If you do not strictly observe the terms and conditions of the registered agreement or if you condone any act, adverse to the agreement, of the purchaser you may turn out to be the loser. You had better consult a practicing advocate in your own interest.

1 Like

Dr J C Vashista (Advocate)     08 October 2021

Just wait for few more weeks before you approach a local prudent lawyer for professional advise and necessary proceeding.

1 Like

sr_v@user (ACCOUNTANT)     08 October 2021

Thank you for your valuable response!!

P. Venu (Advocate)     03 November 2021

The outstanding  sale consideration is a charge on the property. Your father is entitled to initiate a civil action, within the period of limitation to realise the said amount with interest. There is nothing to be concerned.


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