When the third party has already paid 90.80% of agreed value to the seller, the seller can refund the advance money to the first party. It seems that just to forfeit the advance money knowing that the first party is not in a position to get the property registered, he is doing so. You adhere to the sale agreement entered into between you and seller. Just wait and watch.
After cancellation of sale agreement by the buyer, the seller has made an sales agreement with other
After cancellation of sale agreement by the buyer, the seller has made an sales agreement with third party of a higher price, due to non received of advance from the seller by the first party, can demand or claim or have any right to get Registration of the said property ? or is there any right to sales of the owner to the First party ? Please be note that third party has already bee paid 90.80% of Agreed Value. and the owner of the property is requesting to first party to get Registration, since he is unable to refund the advance money. what steps should be taken by the third party? Please give me advice Thanking you B.K. Mallick
Asked 8 years ago in Property Law
Religion: Hindu
12 Answers
1. Since to non received of advance from the seller by the first party, can demand or claim or have any right to get Registration of the said property ? 2. what steps should be taken by the third party? since third party has already bee paid 90.80% of Agreed Value. 3.the owner of the property is any right for requesting to first party to get Registration to the first party ? since he is unable to refund the advance money
Asked 8 years ago
after cancellation of agreement original purchaser cannot claim any rights to the flat nor registration of sale deed in his favour
2) cancellation of agreement was done as original purchaser failed to make payment on time and he requested for cancellation of sale deed
3)if builder has failed to refund advance money paid by original purchaser he can take legal proceedings to seek refund of his money with interest
4) if builder wants to execute sale deed in favour of first purchaser then he should refund money paid by third party
1) for non payment and not following the terms the agreement with the first buyer was cancelled.
2) the property shall be registered in the name of third party.
3) if any amount advance of first buyer the seller shall refund same as agreed.
4) No now he cannot after cancelling of agreement and entering subsequent contract register to first party.
In case there is no cancellation agreement and seller want to register in first party the complete amount of second party along with interest has to be returned.
The third party can file specific performance suit if builder is not agreeing to register as he is bound to follow the agreement with third party.
Also give him a notice asking registration of property in case he fails file a suit In civil court .
From your language it can be understood that the seller cancelled the sale agreement with the first party and sold the property to the subsequent buyer.
If it was a registered sale agreement, then the seller cannot unilaterally cancel the sale agreement
the buyer and the seller have to jointly execute the registered cancellation deed.
If as a buyer you joined the seller to cancel the sale agreement, did you not ask for the refund of the advance amount?, if not then why did not insist to refund the amount before cancellation?
You can issue a legal demand notice and take steps to recover the same legally through court even now.
1. If the sale agreement was cancelled and it is in the knowledge of the buyer then he can initiate steps for recovery of amount only and not for registration of property.
2. The third party can proceed with his purchase
3. You dont get confused, how can the owner receive money from two parties at a time and ask different people to get registered at two different times.
1. the first party being the first parson to enter into the agreement for sale he has got preference to get the sale deed registered.
2. Now bypassing him or cancelling his agreement the seller makes sale agreement with the second buyer , sale deed cna be executed in his favour.
3. now if after making second agreement the seller makes sale deed in favour of the first agreement holder then the second buyer can file suit for refund of his money along with interest.
The sale agreement entered with the first party has rightly been cancelled pursuant to non payment of pending sale consideration by the first party.
Whether or not the advance paid by the first party has to be refunded back, will depend on the terms of the sale agreement that has been cancelled.
In any view of the matter, the first buyer cannot hinder the sale to the second buyer.
Dear,
1. No registration only demand or claim of your advance money.
2.Third party has full right to get this property ,they now registered themselves as a legal owner of that property.
3.It is his duty to payback your advance money.
1) third party should issue legal notice to builder to execute registered sale deed as 90 per cent payment made by him
2) in alternative seek refund of money paid with interest
3) once sale agreement is cancelled owner should not request original purchaser to register sale deed
The seller is bound to return the advance paid to him after he cancels the the deal. In that case you may raise your claim for registration of the property. The third party has done taken due diligence and paid the money and hence, he may suffer if first party contests the matter.
He should refund the advance amount to first party. And he should do Registration with 3rd party. You can file suit specific performance for the same
