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SARO Enterprises   30 September 2021

Sale agreement

Greetings to all learned Advocates!

I (buyer) entered into a sale agreement with a seller and he agreed to sell his piece of land for a agreed price. I paid 75% money upfront and time given to execute the sale was 12 months from the date of agreement.

This agreement is registered by paying the stamp duty and the amount given is mentioned clearly in the agreement.

I have still 6 months left in the agreement. Now I'm ready to pay the 25% and execute the sale agreement.

But the seller is giving some lame excuse and trying to buy time from me which I'm not convinced.

There is a clause in the agreement that if I don't convey my intent to complete the sale agreement within the agreed time, then I ll loose the money I have paid and the agreement will be cancelled.

Question: Can I go ahead and file for specfic performance petition against the seller (after issue legal notice) or should I issue legal notice and  wait for 6 more months for the agreement to expire?

Thank You



 10 Replies

Advocate Bhartesh goyal (advocate)     30 September 2021

Issue legal notice for one month and ask seller to perform his part of agreement  , if he fails to perform his part within given period then file suit for specific performance against him.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 September 2021

Issue a legal notice first. then file a suit. Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.

SHIRISH PAWAR, 7738990900 (Advocate)     30 September 2021

Hello,

Send him a legal notice that you are ready to perform your part of contract. You can file file suit for specific performance after expiry of 6 months. 

debabrata halder   30 September 2021

you may give some time to seller there after you should take shelter of law

Muzamil Malik   30 September 2021

YOU CAN file SPECEFIC PERFORMANCE SUIT against seller in the court of competent jurisdiction.! it's evident he's trying to take benefit of this particular clause in this agreement failure of which you can't do anything...!!!

Siva Subramania   30 September 2021

giving time to hesitant seller as opined by debarata halder creates ambiguity at final so it is advisable to send a legal notice at the earliest

H.JanakiManohar Rao (lawyer)     01 October 2021

File a suit and also deposit the amount in the court to be paid to seller for specific performance and also take direction to the sub registrar restraining the seller to sell the property to others.

Islam Media   01 October 2021

what's the meaning of Advocates? anyone please describe

Dr J C Vashista (Lawyer)     01 October 2021

As vendee of the subject property you will have to wait for 6 more months for "cause of action" against the vendor in terms of agreement to sell, if vendor is unwilling to get the documents registered before time.

 

Anil Kr Garg (Business)     01 October 2021

Legal opinion to issue a notice and then, sue for specific performance is correct but I think this agreement was perhaps not intended to be a Sale Agreement But a Loan Agreement and parties intended to cancel by repaying the advance. If that is indeed so, seller will not give up the fight which can take 30-40 yrs to conclude and both parties will be eventual losers (since you cannot opt for foreign jurisdiction for your litigation 😜).

I therefore, suggest that you seriously explore ways and means to settle this case without litigation.

A well wisher

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