"A" entered into an Agreement for Sale with "B" for purchase of a Flat in Feb 2009 and the Purchase price was set as Rs.23,75,000.
This Agreement was registered in Feb 2009 and "A" paid an amount of Rs.19,75,000 to "B" as advance. There was no specific time period mentioned in the Agreemet about when "A" would pay the balance amount.
"A" then applied for loan for the balance payment and got the loan disbursment cheque in Aug 2009. When "A" contacted "B" for handing over the cheque for balance payment, "B" said he did not want to honor the Sale Agreement since it was "too late". And "B" further said that he cannot give "A" the advance payment of Rs.19,75,000 unless "B" signs a cancellation Agreement. "B" wants "A" to cancel the Agreement so that he can get a loan against the Flat and then will pay the advance amount to "A".
Can someone please answer the following questions:
1. How can "A" get "B" to hand over the property?
2.What would be the approx. court fees for filing a suit for performance of this Agreement for Sale? Is it dependant on the value of the property?
3. In case "A" decides to cancel the Agreement, can "A" get back the advance amount along with interest and other expenses made for registering the Sale agreement like Stamp duty and Lawer fees, since "B" is the one who does not want to hand over the property?
Thanks
