• Agreement to purchase land

Sir i have made an registered agreement  after paying 24 thousand stamp duty to purchase a land costing Rs. 11.66 lakhs.  As an token money i paid land owner Rs. 01 lakh and took time for lumsum 6 months time to pay the balance amount. But no where i have mention the auto cancelled agreement.  After agreement two time i have made payment of 1.5 lakh and again 1.5 lakh  (means total 4 Lakhs) i paid him. six month finish on 24 of November. when i gone with the remaining whole balance money, he is telling time of six months has crossed. Now i have to think about price. i have sent a notice to u. But i have not received any notice from his side till now.
Now i want to know or want to have advise from u.

1. Can he sale his property to anyone else.
2. Can he increase the price of property more than what he mentioned in agreement paper.
3. what the best i can do to purchase this land. if he play game.
Asked 2 years ago in Property Law from Deoria Uttar Pradesh, Uttar Pradesh
Religion: Hindu
1) once you have entered into agreement for sale you are bound by terms of contract 

2) as per said agreement you were required to pay Rs 11.66 lakhs for purchase of land in 6 months . admittedly you have paid him Rs 4 lakhs and had offered to pay balance amount  within 6 months period 

3) if seller has refused to honour the agreement send him legal notice to execute regsitered sale deed in your favour and offer to pay balance amount 

4) if seller refuses to accept the balance amount and execute registered sale deed in your favour file suit for specific performance of the contract . obtain injunction restraining seller from creating third party rights pending hearing and final disposal of suit 

5) seller cannot arbitrarily increase the price . 

6) if however you have failed to pay full amount within stipulated period of 6 months it is better to amicably settle the dispute with seller
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Refer to the sale agreement to find out whether there is nay such terms for demand of more price or cancelling out of delay.
2. if not then he cannot force you.
3. Ask for registration of the land soon. If he refuses then file suit for specific performance of contract and injunction.
4. If the seller is  land developer then you can file case before consume forum.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Agreement once executed binds both the parties.

2. In accordance with the agreement you were obligated to pay within 6 months the balance amount of Rs.10.66 lakhs after paying the earnest amount of Rs.1 lakhs.

3. If there is no clause in the agreement which empowers the seller to unilaterally increase the price in the event of delay in remittance of the balance amount by you, or cancel the agreement, he cannot act to the contrary. 

4. You should issue a lawyer's notice to the seller asking him to accept the remaining amount and register the property in your favour by appearing in the office of the registrar. If he does not abide by the notice then file a suit for specific performance against the seller in the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Insist on compliance of the agreement when you talk to the seller tomorrow. Neither party can deviate from the express clauses incorporated in the agreement. The seller cannot arbitrarily increase the price if there is no mention to this effect in the agreement.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. If you have complied with the payment terms of the agreement then the seller can neither cancel the agreement nor alter the price term mentioned in the said agreement,

2. You can file an application for specific performance as per the agreement and also file a petition praying for a restrain order upon the seller debarring him from selling the said property to anyone else.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
You can also try to settle the matter amicably by agreeing to pay little more since Court Cases is expensive and also time consuming.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1)He can't sell the subject matter of the property legally to a third party.
2) He can't demand more bilaterally,unless specifically mentioned so in the agreement and even though if he demands more, you are not bound to obey it.
3)File a civil suit for specific performance on his part of contract in a competent court of jurisdiction.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1) in your meeting fixed tomorrow   you should  inform seller that you have already paid  Rs 4 lakhs and you are willing to handover demand draft of balance amount at time of registration of sale deed


2) it appears that balance amount has not been paid by you within period of 6 months . 

3) you can consider demands made for increase in sale price and should be willing to grant  some increase in sale price  


4) inform seller that if both  go to court they will spend 15 years running around courts and netter to settle issue amicably 

5) if you  so desire consult a local lawyer in this regard . adopt a practical approach
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
A. Both parties are liable to follow the all terms and conditions which are mentioned the Sale Agreement and In case the Seller mention any clause regarding hike of the Sale Consideration amount if the purchaser fails to get registration within the time then only the Seller can raise demand for more consideration amount.

B. Issue a legal notice to the Seller to execute the Sale Deed by collecting the balance amount. The seller cannot enter any agreement with a third party while exist of the Sale agreement within the period.

C. You have option to approach the Civil Court to execute Specifi Performance of Contract.

D.  Try to resolve the matter by amicable settlement.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1. As per his logic, you have not complied with the terms of the agreement for sale for which the agreement stands cancelled. Based on this ground, he may sell his property,

2. He can do that if the said agreement with tyou stands cancelled for non fulfillment of its terms,

3. File the specific performance case against him with an application restraining him to sell the property before the suit is disposed of,

4.It was valid till you violated the agreed terms of payment,

5.File specific performance case against him,

6. This application will be of no use. They can not refuse to register a deed unless directed by the Court,

7. Yes, file the specific performance suit and also for the restrain order as advised above and in my earlier post.

 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) seller has to cancel agreement with you before selling flat to third party 

2) if you fail to make payment within stipulated period of 6months seller can increase his price 

3) it is necessary to peruse your agreement to advice 

4) it appears that period of agreement is only 6 months 

5) consult a local lawyer . Inform seller that you are willing to make bakance payment within a week and to deliver vacant possession of the property 

6) you can file suit for specific performance of contract 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
I have answered this query before and my answers would not change now. As advised earlier, the agreement is sacrosanct, the violation of which by the seller opens up the doors of the civil court for you. You should file a suit to seek specific directions to the buyer and also seek stay against the creation of third party rights by him during the pendency of the suit.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
yes you have been correctly advised by the Registrar .

submit application and if seller does not come file suit for specific performance 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
You need not file any application to the registrar. You can move to civil court to seek specific directions to the seller. Do not waste your time before the registrar.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Your letter to the registrar has no legal implication,

2. File a specific performance suit and pray for an injunction order restraining the seller to sell the property to any other person till the suit filed by you is disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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