Seller has dues pending on the plot from Noida Authoirity. Only, got to know about it when Authority Sent a Letter stating TM can't be processes until dues are cleared. After one week LockDown happened, and seller has been using it as an excuse for the delay. The Agreement to Sale's date has passed, seller not answering Dealer and My phone call. Over that, 2 original documents are missing, Allotment Letter and Possession Letter, for which FIR hasn't been filed till now. Everything has been paid to seller except for LoanAmount, only after that TM was filed to Noida Authority.
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If seller is genuine then kindly speak with him softly and bring the sale deed transaction with allotment letter and possesson letter.
If he is not genuine then raise FIR against him for your transaction need to perform on immediate basis or refund the paid amount.
1. Publish a Public Notice in the leading newspapers of the region in both vernacular and English languages, educating the public not to deal with the property in question.
2. Due to the unprecedented lockdown, the agreement of sale will not lapse, but gets postponed until the lockdown is lifted.
3. Approach the competent court for specific performance of the contract.
Issue legal notice to seller to clear dues of noida authority and to produce original documents within stipulated period
if he fails to do within stipulated period ask him to refund money paid by you with interest
if he fails to refund file complaint against seller before consumer form and seek orders to direct seller to refund your money with interest
also claim litigation costs and compensation for mental torture undergone by you
Serve the seller with a legal notice and later on if that doesn't work than you can file a police complaint
- As per rule,An allotment letter is one of the most important documents required for getting a home loan, and is issued by a builder /developer or the housing authority, and it contains the description of the property and details of the amount paid by the buyer to the builder/developer.
- Further an allotment letter is issued on the letterhead of the authority , and is issued to the first owner and other owners can ask for the copy of the original letter from the seller at the time of purchasing the property.
- And further , Possession Letter is also provided by the builder/developer , and an original copy of this document also needed for getting a home loan.
- Since, these two documents are missing , hence the seller should approach the builder and in the authority for re-issue the duplicate copy of the same after proper stamping.
- However, he should lodge a complaint before applying in the authority.
- Further issue a legal notice to the seller for the execution of the transfer documents in your favour after paying the dues of Noida authority.
- As per Supreme Court direction , this agreement entered by you with the seller is valid for further 2 to 3 months due to covid-19 lockdown, but this direction is in news only.
- If , no response from the seller , then lodge a complaint before the police and a copy forward to the authority as well, so that he cannot transfer the said property to other.
one of the clause in the Agreement to Sale being, That if the FIRST PARTY fails to comply with the above mentioned terms and conditions of this agreement and execute and get registered the transfer cum sale deed in favor of the SECOND PARTY, in that case the FIRST PARTY undertake to pay back double amount of the total received money within 15 days from the date of expiry of time stipulated herein above or the SECOND PARTY shall have a right to seek the specific performance of this agreement in the court of law at the cost of FIRST PARTY, as per his/her choice. That if the SECOND PARTY fails to make the payment of the balance amount within the time stipulated herein above the advance amount shall be forfeited by the FIRST PARTY and this agreement shall stand cancelled. I have letter from the Authority stating non payment of dues by the seller. What are the chances of court ordering the seller to return double the amount? 30% of the payment has been done for the house/plot.
Terms of agreement are sacrosanct
2) court can direct seller to pay double the amount as per terms of agreement for sale
- Both parties are bond by the agreement , and the court will order accordingly .
File FiR of cheating and suit of specific performance to recover double amount as agreement.
Purchase not advisable, important documents are missing. Disputed property.
Dear querist,
yes, you can seek specific performance of the contract from the court alongwith the direction by the court as to clearance of the amount pending on the part of seller. As per the recent supreme court judgment, the bonafide purchase can not be held liable for the past dues or encumbrances associated with the property.
the suit for specific performance of the contract also give you the liberty to ask for an alternate prayers from the court which will be compensation which can be return kf your amount plus the compensation.
you can contact me for consultation, or on linkedin for my assistance in the matter.
http://linkedin.com/in/yuganshu-sharma-655091183
regards,
99% chances are there
Chances are bright in the above case. Court wil decide the same on merits
You can issue a legal notice to the seller to either rectify the issues at his end or to return the amount he received from you immediately.
He cannot cite the current lock down or any other situation as an excuse.
The legal notice is to be sent to his address by registered post.
If the seller is not responding then yo may file a suit against him for recovery of your amount on the basis of the fasts and the legal notice issued to him
The agreement conditions like the refund of double the amount by the first party or forfeiture of booking amount by the second party cannot be claimed in true sens because they are not justified conditions.
However you can get the refund of the amount paid by you with interest by an order of court if you approach court for the default in payment by the seller.
increase your agreement to sale agreement has been expired you can go to the court for execution of the sale deed this is the responsibility of the title holder to clear the dues with the authority and he has to do within the time limit provided in the agreement to say and he has to provide all the related documents to the wire if any other document is missing that he has to get the document issued from the Noida authority as a certified copy you will not be able to get the loan process until and unless you provide the position letter and allotment letter to the bank as this is mandatory requirement so you have to send a legal notice to your prospective seller to provide all these documents within the specified notice period otherwise you can go to the fort for execution of this send it and act accordingly as the court orders
in this context a instant legal notice can be served on him besides that even damages can be claimed through him we can move to civil court as well wherein we can file for damages.Therefore it was his duty to clear it out and we have all the remedy to opt for the civil procedure for asking him the same.
valid agreement is binding once signed and can be used to protect either the buyer's or the seller's rights should either party be in breach in the future.
1. How much is the amount? You ought to have visited the authority to find out whether any dues are pending or not before you gave the advance to the seller.
2. Is there a clause in the agreement to sell which mandates that seller must pay all the outstanding dues?
3. If seller remains unresponsive then either pay the dues on your own under protest or serve a notice for cancellation of the agreement and seek refund of the amount. Suit for recovery of money with interest can be filed against him.
1. You should send a notice for cancellation of agreement and refund of advance paid to seller on ground of his default of providing clear property tax.
2. My opinion is that you should cancel the deal and look for another safe option to invest your hard earned money.
If such is the case then file an FIR. Also file a suit for specific performance of contract in a civil court.
You should proceed further in this matter by filing a suit. I don't think he is an honest man and would come around so easily to settle all his dues.