Agreement to sell property
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
Sir, My father has entered into a agreement to sell for his property thr. property dealer and get 10% as biana. His age is +65 years. We both i.e. both son has signed as witness in that agreement. Now, my father don't want to execute the agreement i.e. don't want to sell. As per agreement, if he broke the same, he would be liable to pay double of biana amount to the party. We don't have capacity to pay double. We can only refund the received sum as biana with normal bank interest. What shall we do? Can court order us to pay double biana or force to execute the agreement? Kindly advice us at the earliest.
prabhakar singh
(Expert) 24 June 2011
court Can force to execute the agreement if buyer is found at no fault of his own.
no court shall not order u to pay double biana but only refund the received sum as biana with normal bank interest in case court does not force u to execute the agreement .
Querist :
Anonymous
(Querist) 24 June 2011
Sir,
As per agreement, buyer take 3 month time to execute the agreement and pay the balance 90% sale amount but when we ask for part payment, he told that he will another 40% of agreement after two month i.e. 1 month before the agreement date of execution. But the whole conversation was Orally and not in writing for part payment. But he fails to make part payment and told us that after 15 days, he will be able to make part payment which is also not sure.
Is it a ground of default for buyer side and can we cancel the agreement on such oral discussion?
Querist :
Anonymous
(Querist) 24 June 2011
Can we file petition in court for non-execution of the above agreement of sale?
Can we file FIR against the buyer if he threaten us to execute the agreement or force illegally to make double payment?
Can any police action be taken by the buyer against us?
Jitendar Kumar gupta
(Expert) 24 June 2011
your father can cancel the Byana receipt under special circumstances if the other party has not been paying the balance amount
prabhakar singh
(Expert) 26 June 2011
first issue a notice with help of a lawyer stating that your father has been always ready and willing 2 perform his part of contract but he is failing on his part,hence if he does not manage payment due within 15 days, then his biana shall stand forfeited .
'Can we file FIR against the buyer if he threaten us to execute the agreement or force illegally to make double payment?'
ans;;yes.
Can any police action be taken by the buyer against us?
ans;;no.
