Need legal advice regarding my apartment
I made a deal to sale my 950 sq feet (carpet area) flat about 6 years back. The flat is in Guwahati, India and selling price was 10 lakhs. The buyer was supposed to pay within 6 months and takeover the house. 3 lakhs was paid then. 6 months passed by, we were informed the buyer has no cash so he promised he will buy later. Times started flying away, we made numerous calls and whenever we do the buyer gives some excuses and send around 20-25 thousands. Like this, he has paid another 3 lakhs, so in total of 6 lakhs within 6 long years. Because we never got all that at one time, so this 6 lakhs never helped us. Sometime it was spent to pay broker charge (we live in rent in Kolkata, so every year we have to pay broker to find us home) it sometimes paying for our other loans. But we never tried to sale that flat to other people because we gave words to that man and also because my wife and I are old and didn't want to fight people. But after 6 years now, we are really tired. The buyer don't even contact or tells when he will take it over because he expects us to wait. My question is what can be done in this situation? The market value of that flat has probably risen a little, but still we are ready to give him this house by paying the remaining 4 lakhs, he doesn't want to pay it in once off, we can't keep taking 10-20 thousands. What to do?
Asked 3 years ago in Property Law from Guwahati, Assam
Hi. pls let me inform whether you have entered into any agreement to sell between yourself and buyer, if not so pls issue a notice that we don't wait for no longer if you ready to buy a flat with in period of one or two months we ready to sell after receiving balance or other wise we will sell the flat to some other prospective buyer.
you have not mentioned whether any written agreement was entered into or not ? was it duly stamped and registered ? whether time was essence of contract ? any correspondence exchanged in writing ? are you in position to refund the money ? is there any forfeiture clause in contract ? contact a local lawyer . it is necessary to go through correspondence exchanged and agreement entered into to further advise .
if there is no registered agreement entered into issue legal notice for cancellation of the agreement entered into with the buyer
The query is ambiguous as to whether any agreement was made between you and the buyer. Whether it has been properly registered in accordance with the law? Is time the essence of contract? The answers to these questions are germane to the legal recourse ahead. Without perusing the agreement, if made, it is not possible to say anything.
If there is no agreement registered according to the law then a lawyer's notice for cancellation of agreement may be issued.