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S Singh (homemaker)     09 February 2012

Validity of sale agreement

I had purchased a plot of land in may 2010 and made full payment by cheque and a sale agreemnt was signed on stamp paper. few months later builder said he could not give me the plot that i had chosen instead gave me another plot and a new agreement with new plot details. Few months later he said that the plot he gave me was of a bigger dimension so i had to pay extra for the additional area. I agreed and asked for revised agreement. he kept delaying that. and now after a year and half he wants me to pay for the additional area at the current market price. Why should i pay at current mkt price. i never asked for another bigger plot. what is my legal stand based on sale agreemnt. i have not yet registered the land.

Thanks



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 February 2012

You issue legal notice to the builder to perform his part of contract within a 15 days.  If he fails to do so then file a suit for specific performance of contract.  You contact your advocate he will guide you in detail about the agreement of sale and new supreme court ruling on it.

S Singh (homemaker)     09 February 2012

I do not wish to get into court / cases unless it's the last resort. I just wish to know if legally my agreement with him can be considered void. As per the agreement, I have paid 100% for the additional area also (again a mistake by staff of the builder). But both of us know the additional area still needs to be paid for, but as per the agreement I do not owe anything to the builder. I do not wish to be dishonest hence ready to pay for the additonal land. But the builder instead of being obliged that I am ready to pay wants me to pay at the current rate. I have taken up this issue with the Director of this(builder's) company (apparently the mistake was made by his staff). Before I talk to him, I wish to know that can I tell him I have nothing to lose since I have an agreement that says I have paid 100% for the land, but being civilised I am ready to pay for the extra land and he instead of being grateful to me is cheating me. So far I have been polite to his staff as well and they think I am needy. Can I let them know that they better charge me at the purchase rate or else I will pay nothing. Please advise. Thanks,


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