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Information@u (Business)     06 May 2020

Sale agreement

A person made sale agreement 75 percent of advance payment against property with basic lead time ,Now opposite party refused to sale. Note,above aggrement registered In Govt Register office Advice me what to do next


 10 Replies

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     06 May 2020

Dear Sir,

You have to get issue a legal notice and file suit.


(Guest)
Your best relief is under RERA,
however its better to get a look of agreement before commenting anything. Send me the agreement if you want a detail guidance.

Regards
mishrasatyam6804@gmail.com

G.L.N. Prasad (Retired employee.)     07 May 2020

Contact a local advocate and get issued a Legal notice for specific performance demanding for performing his part of obligation.   Depending on such result, your advocate may guide you further.

P. Venu (Advocate)     07 May 2020

You need to file a suit for specific performance.

Real Soul.... (LEGAL)     07 May 2020

File the suit for specific performance, if the agreement is there he can do nothing he has to comply the terms.

Information@u (Business)     07 May 2020

Thanks for your reply sir

C.M.SARAVANAN (ADVOCATE & INCOME TAX GST TAX CONSULTANT)     07 May 2020

In a nutshell, the buyer or the seller may seek breach-of-contract money damages when the other party fails to complete the sale. If a seller defaults, he must return all deposits, plus added reasonable expenses, to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance. From a buyer's point of view, it is advisable to get the sale agreement registered. 

Dr J C Vashista (Lawyer)     07 May 2020

Issue a legal notice for performance of contract on the part of seller to be followed by institution of a suit for specific performance through a local prudent lawyer.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 May 2020

It depends upon the default clause specified in that registered Sale Agreement which creates contractual obligation by and between the parties and therefore any unwillingness on the part of the Seller to comply with the terms and conditions amounts to breach of contract. After expiry of the time period as specified in the Sale Agreement,a legal notice is required to be issued on behalf of the buyer to the Seller asking the Seller to execute the Sale Deed in registered manner in favour of the buyer within a specified time period as well as upon receipt of full payment of the agreed Sale Consideration from the buyer, failing which the buyer shall be at liberty to take legal steps.If there is Arbitration Clause in that Sale Agreement,then the matter is required to be referred to Arbitration otherwise the buyer will required to file a Suit for specific Performance.

Information@u (Business)     08 May 2020

Mam

Thanks for your responce


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