I make agreement of a resale flat in rs 65 lacs and given him token ammount of rs 111000/- .rest payment in 3 months at time of ragistrry.now the seller is not intrested to sll flat and also refused to back my ammount..what should i do?
Asked 1 year ago in Property Law from BHOPAL, Madhya Pradesh
1. Issue him a lawyer's notice for refund of the advance amount paid to him.
2. If he does not pay back then you can go to court to recover the amount from him by filing a case for recovery. You may also seek damages from him.
1) issue legal notice to refund your token amount
2) in said notice mention your willingness to pay the balance amount as per your agreement of sale
3) if seller refuses to pay file summary suit to recover your token money
4) also file criminal complaint of cheating against seller
1. File a case of cheating.
2. It will give desired results in no time. Civil suit for specific performance of contract would take many years to end.
When did you enter into the sale agreement?
Whether the three months agreement period is over?
Whether the sale agreement was registered?
Whether he acknowledged the receipt of the advance amount?
If the three months period of sale agreement has not expired, you may wait until the last week of the said period and at that time , you may issue a legal notice to the vendor stating that you are ready and willing to get the sale deed executed and registered in your favor at your expenses and you may instruct the vendor to stipulate the time and date for the same failing which you can proceed with a suit for specific performance of contract against the vendor seeking the relief of enforcement of the sale agreement by the order and decree of the court of law.
Consult a local lawyer and proceed as per his further advise.
Hi, you two options either you have to file a suit for special performance Contact.
2.Secondly you can file a suit for recovery of money for refund of amount which you have paid as advance.
1. You can file a suit under specific performance act demanding the seller to sell you thesaid flat as per the agreement executed by you,
2. The above advice is subject to tha fact that there has been no violation of terms mentioned in the said agreement of sale executed by both of you.
If the seller is not doing his part of the agreement, file a suit for specific performance since you performed your part of the agreement. You may issue a legal notice asking him to perform his part of the agreement before you proceed and file a civil case. If he is not ready then ask him to return the amount. The terms of the agreement need to be perused for proper advice.
A. Issue a legal notice to the Seller to execute the contract and mention the same that I am ready to pay the whole consideration amount towards the consideration amount.
B. In the event of fail to get prompt response from the owner, you can approach the Civil Court by claiming the Specific performance of the Contract.
C. Moreover, you can claim the damages and recover the amount with an interest by initiate summary proceedings against the opponent.