I registered an informal agreement to sale with the builder on plain 100 rs stamp paper with notary
varun gandhi
(Querist) 14 August 2012
This query is : Resolved
i paid rs 20000 cash and rs 5 lac cheque and made nonregistered agreement to sale with the bulder (smalltime builder of small local buildings) in front of the property dealer and noted cheque number and took his d/l id along with photostat of cheque and his 2 partners signatues.now the deal mentioned in the dealers letter head also suggests the same cheque number and further to state that it also states that registry will be done after balance of 30 % work in the interiors is finished.so thwe builder now is taking too long and its been 20 days he has not finished and often does not pick phone.now the dealer has mentioned a time of 30 days max on his letterhead.now how do we go about it as he has nt done interiors and is not picking my calls even n neither the dealers calls.i have photocopy of the chain of documents of the builder but the flat is fresh.??so now should i approach the police to seek a refund or how??
Adv.R.P.Chugh
(Expert) 15 August 2012
1. Terms of the Agreement are important.
2. An agreement to sell is not required to be registered (if not in UP).and on the basis of an unregistered agreement to sell - specific performance can be sought from the court.
3. Serve the builder a legal notice + followed by a suit for specific performance.
