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reejas (advocate)     05 October 2014

Specific performance

In a contract between purchaser and vendor , a vendor has received 2,00,000/- by executing a sale agreement and after that the purchaser  came to know that the vendor has obtained a loan over the property from his department .He is a central govt employee.NOW HE IS DODGING THE PURCHASER without executing the contract though purchaser is willing to perform the contract and the purchaser wants to send notice before the expiry of the date of contract. can he do so?



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 2 Replies

K.R.S.JANAKIRAMAN (Officer)     05 October 2014

Legally you can take action against the seller.

Here are the steps you need to take

1. Get DD payable to the seller for the balance sale amount

2. Make a Xerox copy of the DD

3. Send a notice to the seller stating that "you are ready and willing" to complete the sale and inform the seller of 2 dates (must be before the expiry of the contract) on which you will be waiting at the registrars office.

4. enclose the copy of the DD along with the notice and send it to the seller as a registered mail

5. Go to the registrars office on the 2 dates mentioned and sign few sale documents as witness. do this once every two hours or so.

6. Keep track of the document numbers in which you signed as witness

7. If the seller does not turn up, then file a suit for specific performance

8. GOOD LUCK

reejas (advocate)     05 October 2014

thank u


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