You can file suit to recover balance Rs 12 lakhs
2) later if seller is willing to pay balance amount of Rs 5 lakhs file consent terms in court and withdraw the case filed by you
Seller not repaying the sale agreement or not ready for registration
Dear Sir/Madam, I have entered into sale agreement with a seller of an individual house property in the month of feb-2019. For this i paid Rs 30,00000/- as sale agreement amount. (Total cost of house is Rs 1.64Crores). After one month (i am in bank loan process) suddenly the seller said , i don't sell the house and they want to repay the amount. (Here house is on husband name, but complete discussions are happening with wife). On sale agreement husband, wife and their elder son also signed. After some discussions i understood that they are not ready to sell to me (May be having other party). So, i asked for compensation of 10%. Finally mediators settled for 5% compensation. But They transferred only Rs 18 lakhs to my bank account in the last week of March-2019. When i asking for remaining amount there is no answer from seller. After so many discussion/talks with mediators they gave Rs 7lakhs cash and the mediator gave it to me. But i haven't signed any document with mediator or the with the seller. Still i get Rs 5lakh from original paid amount and Rs 1.5Lakhs as compensation/Penalty. But now the seller's wife saying the mediator is already taken Rs 2lakhs after sale agreement . I have to pay only Rs 2 lakhs to you, that to she says she will pay, when she has money. Mediators are separate for both the parties. Original sale agreement is with me only. We served legal notice also, still there is no response. All these cancellations have no written document, i mean, i have not given any written document for agreement of cancellation. In this situation, how to proceed further. Since she/he not responding. One layer suggested two ways, 1. Since i haven't signed for any cancellation agreement with seller, i can file a suite for property registration as per the sale agreement. When i said that they returned 25lakhs already (18 lakhs bank transfer +7lakhs in cash form) He said, that 18 lakhs can be shown to the court as a lending amount given previously, as my income is around 15lakhs per annum. 2. Firle a recovery suite for 12lakhs ,as there is no proof of document for 7lakhs paid to me. (i haven't signed any document for this and mediator also said he will say she has not given any money after 18lakhs payment) to frighten them to repay my 5lakhs amount early. Please suggest me in this case, i am in dilemma to decide. By the words of seller, what i am feeling is they may pay the amount after 6 months only, as t heir financial status is not good. They are unable to repay the housing loan properly. The house is already went for bank auction once in july 2018, some how it was stopped after payment of partial amount. Note: They used 5lakhs out of 30lakhs i paid is used to repay the bank overdue amunts.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Thank you sir for your reply. I have a doubt here, if they selloff the property and move away from the place, since the court proceedings may take more than a year. Is it possible to get interim/injection order on property for not able to sell to any third party before my settlement.
Asked 6 years ago
Seek an injunction restraining seller from creating third party rights pending hearing and final disposal of suit
1. File file suit for the specific performance of the agreement and for 18 lakh you can say they forcefully paid to cancel the agreement but you are not ready for same and legal notice same is also given so you plead before court that you can pay amount and he should register property in your favour in alternative prayer you can seek refund of total amount with the interest.
Along suit of specific performance of the agreement suit for injunction against sale transfer of property can be taken so that once there is stay they will agree fast to pay the amount fast.
1) You can send them notice what you have mentioned and ask from them repayment schedule in writing for remaining 5 lakhs as they have to pay for it.
2) Or ask in that notice to make sale agreement with you as already they had made Agreement to Sale with you.
you can file a suit fot recovery of damages and for specific performance if you still need the house. you can file the same for balance amount to be recovered along with and compensation.
i suggest you t be genuine.I don't know who suggests you to file for 12 lakhs as there is no proof for the amount of 7 lakhs which you already taken.
It is better to file for the recovery suit for the amount of 5lakhs plus interest charges for the delay of repayment of your amount and % of amount towards compensation for cancelling the agreement.If at all there is any clause mentioned in this regard in the agreement of sale.
you can seek injunction to restrain the seller from creating third party rights by selling the flat until there is an end of settlement between you.
you can also file a suit for specific performance, if you still wants to buy that property as per the previous agreement.
It was your fault for having not properly verifying the records of the property before entering into an agreement for sale.
However since he has returned certain amount from the advance amount received you may better file a money recovery suit for the balance amount.
As suggested by your lawyer you may file money recovery suit for Rs. 12 Lakhs, when they come to court in the compromise you may demand your money and withdraw the suit subsequently if they pay you back your complete dues.
You may file a money recovery suit with an application for attachment before judgment of the property in question for the purposes of security by which they may not be a able to sell the property to any third person.
Dear sir
Second option your lawyer is telling is a very good option to go further in the recovery of money.
