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Sripal (engineer)     23 May 2013

Sale agreement

My father enterned into sale agreement on feb 2008 with the condition that within 11 month remaining money will be paid. However it did not happen but he has paid considereable amt in part and we have the proof (receipt). He passed away in 2011. We would like to execute the sale now. but the vendor is refusing and evading from us. Pls advise



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 1 Replies

Hemang (Advocate)     24 May 2013

It is a clear case of "failure on the part of the purchaser to make the payment of balance consideration as agreed", and therefore, the Seller has every right to fall back on his promise. Whenever, an agreement to sale is executed, certain terms and conditions are laid down so as to be binding between the parties. Obviously, there must be a condition to make the payment of consideration within "stipulated period". And, in case, the consideration is not paid, the Seller would be at liberty to forfeit the amount and transact the property with another buyer in the open market. You have no case. 

 

However, try to resolve the issue, if possible even by making enhancement of consideration, provided you wish to buy the very same property. if the Seller agrees, it will be your good luck. You may try your luck by filing a case for specific performance against the Seller, subject to advise of the Lawyer and keeping in mind the terms and conditions. The terms and conditions are not available, and therefore, a general advise is made. But if the time is the criteria, you may possibly loose the case. 


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