File a caveat petition in the court where the property is situated against him. Once a caveat petition is filed he will not get any order unless the Court hears your side of the facts. You submit the true facts to the Court depriving him of any stay of sale by you.
Expired agreement for sale of property
Dear Sir, This is related to an agreement for sale of property belonging to my wife. 1) The buyer is an officer of a Bank and the MOU was made on 26th November 2021 with a validity of 50 days. No advance payment was there and the buyer didn't execute the sale deed. He was giving reasons of his busy work and the Covid issues of his wife and son etc. Though the MOU didn't specify that he was applying for a loan from the bank, he was trying to get a bank loan for the purchase of the house. 2) After expiry of the validity of the above MOU he was telling that the loan will be ready soon and he would buy the property. I have sent messages to him by watsap several times for giving a possible date for the execution of the sale deed. 3) A new agreement was signed on [deleted] and it expired on [deleted]. There was an advance payment of Rs 1,00,001. The sale consideration fixed was Rs 96.5 lakhs. Though we asked for Rs 20 Lakhs advance he paid only the above money telling that the sale dded will be executed in very short time. 4) Since we were not getting any positive response from him and we wanted to sell the property, we entered into an agreement for sale with another party in August 2022. Subsequently on 23rd August we sent him a signed letter informing that we are not interested in selling the property to him. We requested for the bank account details for refunding the advance payment of Rs. 1,00,001. 5) On 29th August we received a notice from an advocate stating that the sale deed should be executed and that he is ready to do it now. He was stating that the delay was because of the regularization of Municipal documents which was being done by him as per our advise. In fact the requirement of a Municipal document or the fact that this is required for the bank loan was not a part of the agreement. Also we have not advised him to regularize any municipal document. We have his watsap message stating that he is doing it by engaging a consultant at his cost. 6) Since he is a senior person in the bank he is using the panel advocate to send the notice to us. We have the apprehension that he may proceed legally and if he gets a stay order preventing us from selling the property the case may prolong for years. Please advise if we can prevent him from getting a stay order or entering into a litigation. Being senior citizens we don't want to go for any long litigation.
Asked 3 years ago in Property Law
Religion: Hindu
5 Answers
It is necessary to peruse terms of agreement of sale to advice
2) if buyer has failed to make payment within stipulated period mentioned in agreement for sale and agreement has expired you are at liberty to sell property to third party
3) you should engage a lawyer and reply to legal notice that time was essence of contract .that buyer has failed to make payment and agreement has expired
4) in event buyer tajes legal proceedings court would not grant stay as he has defaulted in making payment on time
You cant prevent anyone from going to court for legal remedy. You can only contest and defend once he approaches court
Since he has started the procedures for a legal process the litigation appears to be inevitable.
If you have received a legal notice from him then you have to issue a reply notice either by yourself or through an advocate from your side denying the allegations levelled in the legal notice and staying firm in your decision o not to entertain the sale agreement which was executed by an unregistered document.
If you apprehend him to approach court with a suit for specific performance of contract based on the unregistered sale agreement, you may file a caveat petition before the concerned court in order to prevent court from passing an exparte injunction order against you at the instance of the buyer's suit.
You cannot look for any exemption in this regard even you are a senior citizen.
You can consult a local advocate and proceed as suggested on all such further issues.
Dear Client,
According to the agreement of sale, both of you have to fulfil your respective obligations before expiry of the agreement. After expiry, both are free to act as they deem fit. Check if there is any forfeiture clause in the agreement.
It all depends on the content of the sale agreement and if it says that the buyer does not pay the balance amount and the seller can cancel the deal you can go ahead with it. Regarding refund of the money it also depends on the sale agreement.
Thank You.
