You can file suit for specific performance if seller is refusing to sell you property
2) However suit would take years to be disposed of
3) better arrive at an amicable settlement with seller
4) take refund of money paid by you with interest
Dear sir, Am purchase i made sale agreement with seller 1 year validity now the 11 month over seller is not interested to sell the property we send notice to him.He reply us he is not intrested to sell property he can pay with interest.Preperty value 8,70000. we paid 8,60000.What is the next step kindly advise me
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You can file suit for specific performance if seller is refusing to sell you property
2) However suit would take years to be disposed of
3) better arrive at an amicable settlement with seller
4) take refund of money paid by you with interest
Seller interested to come amicable settlement .He want to go legal and will drag years.How many years(approx) will take for dispose..
1. If the seller refuses to sell the proeprty then your only option is either to receive the money back with interest or seek legal remedy.
2.in legal recourse file a suit for specific performance of proeprty.
3.However do note that suit for specific performance of contract is not always allowed and the court has discretion either to allow or to reject it.
Hello,
1) Since you paid most of the consideration amount you can now file a case in the civil court seeking specific performance of the contract from him that is to get the property registered in your name. The all important question is who is in possession. If he is it will take years to get this resolve in court.
2) He cannot just get away by paying interest and if you want to settle the matter do so in court and get him to pay heavily a compensation for breaching the contract.
3) We cannot get a definite time frame due the case to close. It can take 3 to 5 years depending on the tactics he will adopt.
you should file a civil suit against the seller before the district civil court under section 53A of the transfer of property act. when 8.6 lac has paid and only 10k is remaining unpaid then seller is bound to register the property because you have partly performed your part in the agreement. transfer of property is an agreement. if 99% consideration has paid and 11 months elapsed then owner is bound to complete this agreement.
N.B.Tandon vs S.B.Lal AIR 1980 SC; the supreme court has held that when 99% of the consideration has paid and only registration is pending then seller is bound to perform his part of the agreement and must execute a sale deed in favour of the buyer.
1. Did you go the sub-registrar's office to mark your presence on the date on which the sale deed was to be executed? This is required to be done to prove that the buyer was ready and willing to execute the sale deed, but seller committed default.
2. Since you have issued him the notice already you may now proceed to file a suit for specific performance to seek the execution of the sale deed or refund of money with interest.
If you still insist on purchasing the property, you may file a suit for specific performance of contract to enforce the sale agreement.
Please make sure that the sale agreement is a registered document because unregistered sale agreement deed is not admissible evidence before court.
Seller interested to come amicable settlement .He want to go legal and will drag years.How many years(approx) will take for dispose.
If you want to settle the matter amicably by taking interest on the invested portion and cancel/withdraw the sale agreement, it is upto you or if you are interested in buying the property, then you have no option than to file the suit for specific performance of contract.
The legal battle may take a few years to get disposed, but you may get favorable decision..