• Vendor doesn't want to sign Sale Deed even though he has signed and registered Agreement to Sale

Hi Experts,

I went into a registered "Agreement to Sale" with a seller, paid him all my side of payment. Than I went to bank to submit the document and collect the cheque of remaining amount.
The date by whcih the whole deal was supposed to be completed was 31st March 2018.
The bank issued the photo-copy of cheque on 22nd march, but the owner is now unwilling to honor his commitment.

In spite of repeated reminders, phone calls, mails, the owner finally agreed to do "Sale Deed", but told me yesterday that he wants his house back and he will not do sale deed.

What can I do?

Thanks
Abhishek
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Issue legal notice to seller to execute registered sale deed in your favour

2) if he refuses file suit for specific performance

3) in alternative cancel the deal by mutual consent

4) execute deed of cancellation

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

1. This is a clear case of deficiency of service or unfair trade practice for which you can file a case toffee the consume forum.

2. once you file such case before the consume forum it would direct the execution and registration of a proper deed of conveyance.

3. Apart from that you will be awarded with enough damages and compensation as well.

4. The time taken to do this is around one year and costs varies. You can though get this case heard on your own without engaging an advocate.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

Issue him legal notice as advised herein above

Wait for his response

If he replies to legal notice that he will refund your money accept the offer

If he refuses to refund your money file suit as advised herein above

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Issue him a legal notice for specific performance of the agreement and complete sale process in 15 days.

2) if he doesnot abode by this file a suit of specific performance in.court the court shall give direction to the effect to enforce the agreement.

As seller has signed and registered the agreement and you have paid your part of consideration let court enforce it you are entitled to that land or property. You can put before court now the seller in greed of getting more money is trying to escape the agreement.

Also as interim relief take stsy on further transfer of same land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir this can take some time though but you will get what is rightful yours and you have agreed for.

Donot hesitate hire good lawyer send a legal notice donot accept his offer of returning same amount.

If he returns all consideration with interest and damage then only compromise otherwise file a specific performance suit as soon as the notice period expires.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Go ahead and file a case for breach of contract, and ask for return of money including the interest of 18 percent plus compensation for mental trauma plus litigation expenses.

It would take almost 4 to 6 months.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

In spite of repeated reminders, phone calls, mails, the owner finally agreed to do "Sale Deed", but told me yesterday that he wants his house back and he will not do sale deed.

If it was a registered sale agreement and if you have paid the entire sale consideration amount then you may drag the owner to court of law with a suit for specific performance of contract.

What is the reason that the seller is not agreeing for executing the registered sale deed in our favor, or why is not inclined to return the sale consideration amount also.

A suit with an application seeking temporary injunction to not to alienate the property or to encumber the same in any manner till the disposal of the suit may also be filed with the main suit seeking interim relief.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

- How much time all this process takes?

Time taken for disposal of suit cannot be predicted, however it may take at least 2 to 3 years for disposal.

- He is verbally telling me that he will return all my money, but is unwilling to give it in writing. Its traumatizing actually, as its all my life's savings.

It is your mistake to give the entire money even before the execution of registered sale deed in your favor.

You can even try for the option of lodging police complaint for the offences of cheating.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

Hello,

You may file a civil suit for specific perfprmance of contract. However, before that, the terms and conditions of the agreement to sale will have to be looked into. The vendor has to perform his part of contract. You may ask for specific performance of contract or refund of money you paid to him. All these depends upon the terms of contract. Hope this helps.

Regards,

Adv. Prafulla Paranjape

Prafulla Paranjape
Advocate, Pune
27 Answers
6 Consultations

4.9 on 5.0

Dear Client,

This is an open case of violation/unwillingness of party to perform his part.

File suit of Specific performance under Specific Relief act.

Civil Suits takes time, and SP cases are time bound, find better lawyer for urgent relief. And send legal noitce in advance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a suit for specific performance against the seller and compel him to come forth and register the property in your favour, failure to do so, any competent civil court will get the sale deed executed in your name, subject to other terms and conditions being fulfilled.

This process could take any where between 2 to 3 years if the suit is pursued tirelessly and honestly.

Send him a legal notice immediately demanding that he (seller) come forth and register the property in your name, failure to do so, proceed against him through the civil court.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

If part of the consideration has accepted by the owner then at the later stage he cannot refuse to execute sale deed and accept the remaining consideration. You have right under the Specific Relief Act to bound the owner to execute a sale deed and receive remaining consideration. But you have to file a civil suit. If he is finally refuges to execute sale deed you should  immediately file a civil suit and also pray for passing of temporary injunction against the property. Call to will pass temporary injunction order at the first hearing of the case there after the owner is prevented to sell this property to any other person without taking permission of the court. This agreement is partly performed and according to section 53-A of the Transfer of Property Act the owner is bound to execute sale deed.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You will get temporary injunction and stay on the first hearing of the case.  but the whole proceeding will take 6 to 12 months.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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