Agreement to sale is a definite agreement and the seller can be Force 2 go for registration based on the  agreement to sale so you can create pressure for registration based on the quoted amount as registered with the agreement to sale please note that Bank may not accept your request to change the sanctioned amount and there are chances that your loan maybe disapproved. As the time period of the agreement is already expired you may send a legal notice to get the property registered in case there is any problem you may file a case of specific performance of agreement and also claim the damages from the seller in case seller denies to get the property registration by the court order the registration can be done and the property can be transferred.

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Yes you can move legally in this case

1) you have to make payment as per consideration mentioned in agreement for sale 

2) if seller refuses to execute registered sale deed you can file suit for specific performance 

3) the delay can be explained that seller was involved in litigation proceedings hence delay in filing suit 

See from your side the intent is clear the loan is processed cheque is also ready so.you can ask seller to take same and do registration as agreed before now he cannot change terms. Also in case bank agree.you can change amount else you can go.ahead for.registrstion if he fails you can file suit of specific performance of the agreement.

1. Instead of falling into probable dispute, pay the difference in Cash /Cheque as per the seller's desire, more so since the seller can cause trouble by refusing to comply or coming down for registration.

2. Further despite the Time Limit, Seller has to issue you a proper Notice for the delay and refund of the amounts received by him, for the Time Limit to be effective.  IF seller has not issued with a Notice for the delay, THEN the delay is deemed to be mutual & legal.

Did you issue a legal notice to the seller intimating your ready and willingness to proceed with the execution of sale by performing your part of contract one week before the date of expiration of the time limit as mentioned in the sale  agreement?

Was the sale agreement executed by a registered document?

As the sale agreement is valid for a period of three years, any action that you may take now to enforce the same  may not be maintainable  even though your suit is taken on the file of the court.

If you still insist on purchase of the property then you  may amicably settle the matter with the seller by negotiating the difference of mount to be paid separately from your side, why do you have to depend on the bank alone for this?

You can discuss with your advocate and  take a proper decision instead of rushing up to the court which would be a more loss and cause you more hardships in this regard.

Actually it is he who is in a and not you.

You have a clear case.

You have a sale agreement entered with him for a sale consideration amount quoted in it, hence you can legally refuse to pay any higher amount for any reason.

His case in this regard may not be maintainable.

However if you want to solve the issue amicably then you can proceed as per the suggestions proposed by you which seems to be an effective alternate provided he accepts it.

You can take any of the option. You need to decide the same it's your discretion

Ask the seller to give in writing that he wants consideration amount changed to reflect market value 

2) if bank refuses you can agree to cancellation of deal and ask seller to refund your money and pay you expenses incurred by you 

3) if seller refuses file suit for specific performance 

See if you are interested in property you can cancel the loan enter into new sale agreement based on same you have to obtain loan and then register property.

Send a notice demanding to perform his obligation failing which file a case.

Regards 

G.Rajaganapathy 

High Court of Madras 

you can file suit for specific performance,Specific performance means fulfilling a promise made under a contract as agreed.

1. It is problem of seller as he gave agreement with actual value of deal. You will not face any problem.

2. You cannot ask bank to change loan amount as per market value because it was sanctioned as per agreement.

3. You can send him legal notice for specific performance of contract as he delayed the process and not you. 

4. If he refuse to register the property then you can file suit against him for specific performance of contract.