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sumedhachawla (Secretary)     04 December 2011

Property matter

My mother is SPA of a house. She enetred into "Agreement to Sell" with a property dealer who was looking for a prospective buyer for further sale. She took a biana amount also. As the property dealer couldnt get the buyer for the house in the market, he backed out from the sale agreement and requested for extension in time limit to which my mother refused. Now, he has put up a petition in District court of "Specific performance or alternatively, recovery of  double the biana amount" stating thatmy mother backed out from sale agreement and he was ready to pay the full and final payment.He has also given a statement that he is a property consultant and not property dealer. Whereas in Agreement it is clearly stated that he is purchasing this house forfurther sale and is looking for buyer in themarket. Now, how to further deal with this tricky situation and what is the solution for the same.
 



Learning

 6 Replies

jeetendra patel (lawyer)     04 December 2011

If you are ready to act as per agreement to sale and ready to  sell the property as per price mentioned in the agreement after accepting the bayana amount then you have very good case. you can straightway submit to the court that if he is ready to pay remaining / balance amount of property as per the agreement to sell then we are ready to accept it and fulfill the transaction/specific performance of the agreement  provided that he deposits /pay the remaining consideration of the property forthwith.

J.P.PATEL ADVOCATE PUNE (9921158871)

pervez (adviser)     04 December 2011

It depends what has been written in the agreement for fulfillment of the contract.. If time line was provided with forfeiture clause... no issue .. means clear case.. If not then, follow the above advice of Mr. J.P. Patel

sridhar pasumarthy (ADVOCATE)     04 December 2011

Dear Sumedhachawla,

What is the time stipulated for payment of balance sale consideration?

Did the buyer issue any notice to your mother prior to the suit, expressing his intention to pay the balance amount?

What is your intention now.  whether to repudiate the contract or to stick on to the terms of the contract?

Your case mainly depends on the fact whether time is the essence of contract or not.  

You need to mention all the above for getting a proper reply.

sumedhachawla (Secretary)     04 December 2011

The time lapsed and the buyer did not turnup with the payment and my mother remained present in the office of the sub-registrar and waited till 5 pm for the buyer for the execution of the sale deed with full and finalpayment.  The buyer has not sent any notice to my mother prior to the suit, nor does he expressed his intention to pay the balance amount. My mother want to stick to the terms of the contract and as per agreement he did not turned up to give the payment. Now, in court, he is giving the statement that he is not a property dealer and he is a property consultant. Whereas the truth is that he is actually a property dealer and is denying the same in the court.

sridhar pasumarthy (ADVOCATE)     04 December 2011

Then file ur mother's written statement expressing her intention to register the conveyance and seek the court to direct the buyer to deposit the balance amount forthwith.

CHANDU ASHOK KUMAR (OWNER)     05 December 2011

MY SON  SETTLED IN UK BOUGHT A FLAT IN HYDERABAD IN 2007. NOW THE BOY IS IN INDIA AND WANTS TO GIFT THIS FLAT TO US THAT IS HIS PARENTS.KINDLY FWD THIE GIFT DEED FORMAT AND ALSO INTIMATE THE EXPENSES REQUIRED AND OTHER FORAMLITIES REQUIRED TO BE TAKENUP/COMPLETED FOR EXECUTION OF GIFT DEED. CANYOU DIRECT ME TO ANY AGENT OR PERSON TO TAKE UP OUR WORK TO COMPLETE THE GIFT DEED IMMEDIATELY.PLEASE ADVICE.

AWAITN G YOUR REPLY AND THANKING YOU IN ADVANCE SEEKING YOUR KIND HELP

CHANDU ASHOK KUMAR

caknaidu888@hotmail.com 


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