Breach of agreement
Ananda
(Querist) 23 July 2014
This query is : Resolved
hi,
We made sale agreement on e-stamp paper where we have explicitly mentioned to seller provide form 9 and 11 at the time registration(Karnataka)
But now he is refusing even he not ready to return the advance amount.
What are the steps I can take to get back my advance/site.
in the agreement we have mentioned that when we call him for registration he will come with all the documents required for registration and we have not mentioned any particular date about cancelation and registration.
and there is clause in the agreement if he doesn't turn for registration we can take legal action against seller.
site has been purchased for 13 lacks and we have made an agreement on 250Rs E-stamp paper, is it valid for filing case?
if I file a case should I need to pay the court fees?
what is the estimated court fees would be(in Karnataka)?
Devajyoti Barman
(Expert) 23 July 2014
Yes, you have to pay court fees calculated on the current market value of the property. File a suit for specific performance of contract.
Raj Kumar Makkad
(Expert) 23 July 2014
Serve the seller a legal notice and then file a civil suit for specific performance of agreement against him. Take services of a local lawyer dealing in civil side.
Gopal Verma Advocate-on-Record
(Expert) 24 July 2014
Send a legal notice to him asking him to comply with the terms of the agreement and if he does not do then you have option to file a suit for specific performance.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr. Aananda,
1. The contents of the sale agreement as you say there was no clause mentioned that when you call him for registration he will come with all the documents required for registration and even there is no mention any particular date about cancelation and registration. As also there is clause in the agreement if he doesn't turn for registration you can take legal action against seller.
2. Reading into such clause it is quite clear that these clauses were mentioned upon your insistence because your were prudent enough to preempt any foul play by the seller.
3. I do not know whether you had investigated about the title of such property in depth.
4. If at all the intention of the seller was to revoke the agreement then he would have been at liberty to do so but he has not done it and above that he is even refusing to return the advance amount. How much was it ? This conduct of the seller appears to be quite fishy.
5. You see, if he at all had the good intention he would have honored the sale agreement condition.
6. The reasons for the foul intention of the seller as i can presume is that seller must have no good title on such property or may be even he may have posed as a fake owner and cheated you an induced you to part with your money.
7. You see, even if you file a civil suit for specific performance of the contract then that would attract court stamp duty which would be proportionally be calculated on the fair market price of the property and would consume time and money.
8. In that case you have an alternate legal option to file a criminal complaint against him u/s 420 ( cheating and inducing to part with property) of I.P.C. This action is contemptible and tenable as from the specific expression contained in the agreement to sell.
9. If need be contact this lawyer for further private legal consultation as to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(m) : 0-9824047971.
E-mail : lawgate1349@gmail.com
Raj Kumar Makkad
(Expert) 24 July 2014
Offer to querist by experts to contact them/him is strictly prohibited.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
Basically your sale agreement is made on a e-stamp paper which has not been registered (?)Therefore to make the vendor commit to the amount received by him towards advance amount of sale consideration, send him a legal notice demanding him to perform his part of the contract as per the sale agreement dated ... while expressing your ready and willingness to perform your part of contract, wait for his reply till the time stipulated in the notice and after that, if the situation is not conducive or against the contract agreement or your desire, you may proceed with the suit for specific performance with an alternate prayer to direct the vendor to refund the amount received with interest till the date.
In fact you have repeated this query in another thread too, wherein other experts have also given their opinion, please visit it.
Lastly I endorse the views of expert Mr. Rajkumar Makkad Sir about soliciting and stand by him on such issues.
Ananda
(Querist) 25 July 2014
Thank you Kalaiselvan sir, for your valuable suggestion.
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
You are welcome for your appreciation. Hope your query has been properly addressed.
ABDUL RAZIQUE
(Expert) 03 August 2014
only one sentence i want to add with T Kalaiselvan sir that prayer to direct the vendor to refund the amount calculate with the present market value because bank repo is to much low in respect of real estate repo.
Raj Kumar Makkad
(Expert) 03 August 2014
Court do not calculate the market value rather the bank interest is warded in case of order of refund of the earnest money.
Ananda
(Querist) 06 October 2014
we are planning to take some time to gather the amount.because in agreement we have a clause that, we will call him for registration
how to proceed if the seller pass away(die's) in the mean time
ABDUL RAZIQUE
(Expert) 07 October 2014
now the seller is live then why u delay in process.
Ananda
(Querist) 07 October 2014
yes now we are calling but he is not turning for registration and not even talking about refund of advance.
I have made 4.5L advance through cheque and 50 thousand by cash.
and about the agreement I have told earlier in this thread.
please suggest me how should I proceed
can I take the help of police in this.
Guest
(Expert) 07 October 2014
Experts Mr.Rajkumar Makkad and Mr.T.Kalaiselvan had Replied you the Right Way Just Follow the Same with the help of Local Advocates.
