• The buyer has not paid the money post registration of the flat

HI Sir. 

Request you to please guide on the below query. 

I had a property in bhayandar which I sold to a buyer.  We had the sales if flat  registered at the registras office on July 4th,  and the payment was to be made within 40 days time (by 15th August).  However till date the payment for this sales had not yet been received by me. 

I would like to to know the legal process of going about to have this agreement cancelled and to get back the house registered in my name. 

Your guidance would be highly appreciated. 

Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Christian
it is necessary to peruse agreement signed by you with buyer to advice

2) there must be a default clause in the agreement . it would mention what would the consequences in case purchaser defaults in making balance payment 

3) contact a local lawyer 

4) issue legal notice to buyer to pay the balance amount within period of 7 days from date of receipt of agreement 

5) i presume you have not delivered possession of the flat to purchaser

6) you have to file suit for specificperformance 

Ajay Sethi
Advocate, Mumbai
46816 Answers
2769 Consultations

5.0 on 5.0

What kind of an agreement did you execute with the buyer whereunder he was to pay the sale consideration post the execution of the sale deed? The sale consideration is paid either at the time of or before the execution of the sale deed, but never after the execution of the sale deed. Now file a suit for cancellation of the sale deed or in the alternative for a decree against the buyer for recovery of money. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Dear Sir/Madam, it will depend upon your terms and conditions of sale agreement, as per sale agreement within or on date not purchased the property by payment of sale consideration, you have to issue a legal notice to the said buyer to perform the said contract and to you show the willigness to sold the property, eventhough he has not comforward the same, it will be automatically cancelled the sale agreement, but you have to take legal action for the same, by issuing public notice for cancellation for the same... if you want more my advice and service I will do it.  
C. V. Jadhav
Advocate, Bangalore
496 Answers
15 Consultations

4.7 on 5.0

If there exists an agreement in this regard as mentioned by you, then you can issue a legal demand notice demanding the sale consideration amount or to forfeit the property.

You can apply for cancellation of registration of the sale deed subsequently if he is not responding or paying the consideration amount.

If the registrar is not agreeing for cancellation of sale deed, then you can file a suit for cancellation of the same before civil court.
T Kalaiselvan
Advocate, Vellore
36936 Answers
403 Consultations

5.0 on 5.0

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