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JaiHind2010 (Owner)     05 September 2010

Sale agreement - effect of clauses?

What is the difference between the words "upon payment of balance consideration by Transferee" and "after balance consideration is received by Transferor"?

Are they one and the same?

Can I sue for specific performance if my agreement states that the transferor will execute all documents to complete transfer only AFTER the balance consideration is received by the Transferor from the Transferee?

I didn't want to make payment first (my payment might get stuck if seller does not cooperate) and instead wanted the execution and payment done simultaneously which the seller is refusing. What is my legal remedy?


 5 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     07 September 2010


give him a notice fixing time and place of registration and that you are ready with the balance sale consideration. If he doe not turn upl then file a suit for specific performance and deposit the sale consideratio in the court. Your problem is solved.

1 Like

R.Ranganathan (Director)     07 September 2010

Yes. You can send notice stating that you are ready and willing to make the payments and ready to perform your part. If the Seller is accepting the amount then he will have to conclude the agreement by transfer. If he does not then you can approach the court under Specific Performance Act. 

1 Like

TirupathiV (business)     14 September 2010

You can take  xerox copy of cheque or  take print out of account stmnt, signed by bank mgr showing you have balance monies ready. 

R.Ranganathan (Director)     14 September 2010

Upon payment of the balance consideration means when the amount is paid. After balance consideration is received by the transferor means only after certain time after the amount is received. But either way when the amount is paid to the transferor he is bound to execute the deeds in favour of the transferee. In your case if you feel that the seller will not execute the deed after receiving the money, then you cannot do anything except approaching the court for specific performance. Going court will create further time delay and complications, so you ask the seller to take the payment in Cash or DD at the time of registration in the Registrar's office itself.

1 Like

kranthi (retainer advocate)     14 September 2010


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