Hi,
In the present condtions, you send him legal notice to pay the amount and if not paid, file suit for specific performance.
Buyer involving MLA goons and trying to lower the purchase value.
We, the Sellers, entered into an agreement with the Buyer at X price. In the agreement Buyer had mentioned total amount (Kachha + Pakka). After signing the agreement (which is neither Notriced nor Registered) he has payed us X/2 portion of Kachha and some portion of Pakka. After this he has told us that he doesn't want to stand firm on the Pakka portion, and wants to bring it down to Govt Guideline (Ready Reckoner) value and will cover that amount with the increased Kachha portion. We don't want to decrease the Pakka portion as its hard to manage cash amount. Also he has held back remaining Kachha portion till the date of Registration and we are sure that he will pressurize us to lessen that amount and will not pay us fully. He is backed by goons of local MLA. What shall we do in such scenario ? Can we cancel the deal legally, deducting our expenditures & interest on the basis amount & time lost, and return him the remaining amount ?
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
You can call off the deal if he is not willing to pay the cheque amount mentioned in deal
2) refuse to register sale deed just because he wants to pay more amount in cash to you
3) offer to register sale deed only if terms and conditions of agreement for sale are met
You are free to cancel the deal in case he's hesitant to stick to his promises, as recorded in the sale agreement. Any deductions which are permitted in terms of the sale agreement can also be made.
Canceling a deal after you have signed the papers is not easy, try to solve the issue amicably.
Hi, if he does not abide by the terms of agreement, the initial amount can be forfeited.. It is advisable to settle the matter amicably, however talking legally both the parties are bound by initial agreement which cannot be changed or altered later upon without consent of both
Hello,
You may cancel the said transaction and may return him the money that has been paid. He can not ask you to go against the term of the agreement. Send a Notice to him for cancelling the deal on the ground that he is not abiding by the terms of the contract.
Yes and you can deduct some amount from the said amount paid by him towards mesne profits.
Regards
See you can issue him legal amount to pay the complete as per agreement in the time for transfer of the property in case he fails the deal said be cancelled and the amount shall be fortified if in reasonable time he pay amount register the property or if not then after deducting reasonable amount refund the rest and issue cancellation
Since there is no proper agreement (by a registered document), the deal can be called off by intimating the buyer and informing him about the refund of the booking amount too.
If you apprehend fears from goons or antisocial elements you may lodge a complaint with the police seeking protection.
It is your own choice and right to cancel the deal if you are not interested to proceed further in this matter.
