ABHAY (ACCOUNTANT) 13 March 2012
I HV PURCHASED FLAT (RESALE PROPERTY UNDER 12.5% SCHEME DEVELOPMENT AGREEMENT SOCIETY NOT MADE)- MADE "AGREEMENT TO SELL" & REGISTERED ON 30TH MARCH 2010,FULL AGREEMENT AMT PAID TO SELLER BY AVAILING HSG LOAN FROM GIC HSG FIN-GOT POSSESSION FROM SELLER ON 15TH MAY 2010,LIVING IN THAT FLAT. BUT MY QUERY IS THAT I HAVE NOT MADE "SALE DEED". SELLER IS REFUSING TO SIGN.IS THERE ANY NEED TO MADE SALE DEED IF YES THEN WHAT IS THE REMEDY. PL REPLY & HELP ME.
Balaji Bakthavathsal (+919444448455) 13 March 2012
From my experience, I am just giving my opinion that You can file a suit under Specific Performance Act through a lawyer in the court.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 March 2012
Dear Querist,
You've not specified the stipulations as regards sale deed in your agreement to sell. However in any case - you can first serve him a legal notice asking him to comply and execute Sale Deed, if he fails to, file a suit for specific performance - which can be filed until 3 years from date performance refused or known to be refused.
Bharatkumar (ADVOCATE ) 14 March 2012
Yes, Advocae Bharat chughji is right.
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