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charan (nothing)     20 March 2012

Agreement made on rs. 20 stamp paper

I purchased a property worth of 40 Lakhs very recently i.e, 15th March 2012. We (both the parties) entered an agreement on Rs. 20 Stamp Paper and i also paid the total amount.


The agreement main condition is that, when ever i call him to register the proerty on my name or even if i sell the proerty to others, he should register the property on my wish & on my convinient date. To make it convinient, both the parties and parties witnesses has been signed on the agreement. ( Including Seller Thumb impression)

Now the main issue is that i got a good buyer for the purchased property and i am willing to sell this property to the other party where in the  party is ready to give the total amount on the registration date as the property is still not in my name. When i am trying to approach the seller, his number is switched off and he is not available at his home and none of his family members are responding properly and simply the sellers son's are saying that they are majors and it is an ancistors property and as their father didnot intimated them, they are objecting the agreement.


What should i do if the party objects and the father ( Seller ) is not presented or if he absconds?


If the Seller presents and if the seller son's objects Can i go ahead legally by taking witnesses help?

Can i get my amount back if the party objects for registration?

I am totally in a confusion state and completely depressed. Please, please, guide me.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 March 2012

You have no reason to worry. Serve a notice to the seller asking him to comply with the terms and get sale deed reigstred. If he fails to do so - file a suit for specific performance ASAP.  The other party cannot opt out of it just like that. However even if in a worst case scenario court doesn't grant you specific performacne i.e execution of sale deed - you would still be entitled to your money back alongwith interest. 

charan (nothing)     21 March 2012

Thank you very much for the reply. Your reply made me so confident to move further.

The main problem is that the seller is absconding and playing game. In this case whom should i send a notice? If no one receives the notice and no one reply for it, what should i do and what would be the immediate action taken by the court in the above scenario.

If the Seller Son's objects and sends a notice to me on the above issue then what would be the next plan of action from my side?


Please guide.......


 

aconsales (hr)     24 March 2012

I purchange property 10 april 2010 and enterded the agreement on 20 stamp paper. stamp paper is good prouf for us.

<a=herf"https://www.acornsaless.webs.com/">Art Stamp<a/>


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