Hi, I have entered into an agreement of sale in 22 APRIL 2022 for a property called "Ambrapali Villa" for Rs. 89 lakh in Greater Noida, which is under Supreme Court supervision and construction is taking care by NBCC (Govt Body). Seller is the actual allottee of the Villa since 2011 and at the time of agreement of sale, the Villa was not completed and it seems by end of June'23 it will get completed. Seller actual paid initially Rs 36 lakh through bank loan to Amrapali Group and remaining dues was Rs 37 lakh which requires to pay to "Court Receiver" and the remaining of Rs 16 lakh is a profit for seller. I have paid Rs 36 lakh and Rs 37 lakh respectively via check to clear out all loans and get NOC from Court Receiver office and 16 lakh is payable at the time of transfer of the property through Court Receiver office by paying a transfer fees of approx. 4 lakh. I have executed a MEMORANDUM OF AGREEMENT FOR SALE and an Affidavit with 2 witness out of which 1 witness is from NBCC office who is involve with this sale. Now the price of the Villa is gone up by 20 lakh and seller become greedy and she is not supplying the requisite papers , neither updating the payment detail on the court receiver website nor applying for NOC as it has been paid in FULL. I am an NRI living in Australia and going India in June to get the property transfer to my favour, but seller is not cooperating and doing nothing to get all papers from court receiver, and I doubt that without proper NOC, NBCC will not handover the Villa to seller hence my transfer will not be possible in June. Seller is Govt Employee on higher position. Please suggest what can be done at this stage ? Regards Dilip
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Issue legal notice to seller to supply the requisite papers ,obtain NOC from court receiver office within period of 15 days of receipt of notice
2) if seller fails to do so contact a local lawyer and obtain court orders to direct seller to do the needful
You are talking about an event that has not taken place yet.
However based on your apprehension, you may initiate legal action by first issuing a legal notice to the seller through an advocate demanding NOC as per the terms of sale.
If she fails to respond or comply with the demands made, then you can plan further legal action as per procedures of law
Terms of agreement to sell, other correspondences, if any, are required to be looked into. Nevertheless it is not within your purview and duty to get NOC etc as the said duties vest with seller only. Being bonafide Buyer you have every right to get the agreement to sell enforced through court of law and flat owner is duty bound to complete the formalities and to executed sale deed. Subsequent market rise does not effect your agreement to sell and your rights. Your rights are protected in law. If required consult with details.
You have committed mistake by paying first without taking original papers. Now your only hope is court receiver. Manage him otherwise, long court proceeding.
If you have done any agreement for sale then you can go to court under specific relief act for remedies against seller
- As per law, the seller cannot ask more money if the market escalates.
- Hence, if the seller is not cooperating and asking for more fund, then you can file a suit against him before the court for registering the property in your name after receiving the remaining agreed amount.
- You can issue a legal notice to him .
Send a legal notice to the Seller to co-operate in obtaining the required documents from the concerned authorities, without which the property transfer in June in your favour can't happen. If it doesn't work that way, try to settle the matter amicably to your advantage.
Dear client,
As an NRI, you can file a complaint against the seller with the appropriate authorities. You can also hire a lawyer in India to represent you in the matter. Here are some options you can consider:
File a complaint with the Court Receiver's office: You can contact the Court Receiver's office and inform them of the situation. If the seller has not applied for the NOC or updated the payment details on the website, you can request the office to take action against the seller. The Court Receiver's office may issue a notice to the seller and ask them to comply with the necessary formalities.
Send a legal notice to the seller: You can send a legal notice to the seller stating that they are in breach of the agreement of sale and asking them to comply with the necessary formalities within a specific time frame. You can also inform them that you will take legal action against them if they fail to comply.
File a complaint with the appropriate authorities: You can file a complaint against the seller with the appropriate authorities, such as the police or the consumer forum. You can provide them with all the necessary documents, such as the agreement of sale, the payment details, and the correspondence with the seller.
Hire a lawyer: You can hire a lawyer in India to represent you in the matter. The lawyer can send a legal notice to the seller and take legal action against them if necessary. They can also liaise with the Court Receiver's office and the NBCC to ensure that the necessary formalities are completed.
In any case, it is important to maintain all the relevant documents and correspondence as evidence. You should also keep a record of all the payments made to the seller and the Court Receiver's office.
if the seller does not comply or turn up then only option will be to file a suit for specific performance of contract
