Breach of sale agreement
Querist :
Anonymous
(Querist) 09 October 2020
This query is : Resolved
Dear Sir/Madam,
I sold my flat to a buyer with the advance of Rs.1,50,000 for the property saleing rate Rs. 30,000,00 under negotiable. Both the party mutually agreed maximum by the six months property to be registered on buyer name upon making rest all the payment through online / cheque mode. To make the saler (me) trust for the agreement, buyer given two cheques of Rs. 2,50,000 and Rs.10,000,00 for making encash as per date specified on cheque from which first cheque encashed in time , but second one Rs. 10,000,00 buyer told to stop as there was no fun in that account. Buyer further requested me to give some more time to register the property and given two cheques for Rs.3,50,000. I also agreed due to partys request and seing the scenario. I thought buyers payment may come shortly as the old man of the family assure there is some dispute in his pension and process is on the way to get the total pension benefit and expecting a large amount from there, but as also initially agreed to keep him as tenant till the property registration period under mutual agreement Rs.5500 per month, I noticed the payment also coming sometimes irregular. I found their financial some difficulty and every time make request for making the rent payment and used to find out the status of pension. Every time old man was reply that very shortly it will be shorted out. By the time initially they tried to get Home Loan from two financial institute, but failure. Sale of the property signed by old man son and as they require this property, so his father assisting him for finance , but due to father once upon a time , a Personal Loan not paid properly , so his father also became ineligible for Home Loan at this age as they said. Now total period one year eight months over and myself requested them to vacate property for another buyers, who are interested as the advance money also not in my hand . New buyer ready to take the property , but under vacant position. Buyer to whom I sold they are not agreed though I am ready to get the agreement for advance returned on stamp duty paper , but they say not possible. Request your valuable advice legally.
Rajendra K Goyal
(Expert) 09 October 2020
Send notice to get the property registered in 15 days otherwise the deal would be cancelled and if they are occupying the property occupation charges would be taken.
You have to file case for vacating the property if they are occupying it.
kavksatyanarayana
(Expert) 09 October 2020
You can convince the buyer that you will pay the advance amount at a time and make an agreement for that. Give him some time not less than 15 days. After that period you have to send him a registered notice that you are going to file a case against him.
Advocate Bhartesh goyal
(Expert) 09 October 2020
Now you have no option but to initiate legal proceedings against buyer Issue legal notice to him and ask make the payment of remaining sale consideration and get sale deed registered within 15 days otherwise agreementl would be deemed cancelled and if buyer does not complied with notice then file suit for possession and mesne profits for use and occupation.
Dr J C Vashista
(Expert) 10 October 2020
Mr./Ms. Anonymous,
The post involves certain documents to be perused before making any opinion and oblige.
Consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.
Querist :
Anonymous
(Querist) 10 October 2020
Thanks for all valuable reply of my quarry. Request Lawyers contact number also.
Rajendra K Goyal
(Expert) 10 October 2020
Good gesture to thank. You are welcome.
