agreement to sell

Querist : Anonymous (Querist) 21 August 2010 This query is : Resolved
A agreement to sell was executed in which the date of registry was fixed as 19/08/2010. On that day the vendor was ready for sale deed but purchaser was not present before sub-registrar. Attendance of vendor has been marked before sub-registrar through written application on 19/08/2010. In that case what can vendor do against purchaser. can he terminate the agreement in that case what steps he should take?

Follow Query

Report Abuse

s.subramanian (Expert) 21 August 2010
Vendor can issue a legal notice alleging that the purchaser is not ready to complete the sale. He can rescind the agreement of sale on that ground.

Chanchal Nag Chowdhury (Expert) 22 August 2010
No. The vendor can do nothing if he has received the entire consideration. The registration is done in part & the purchaser can do his bit on a later date. The omission is purely procedural unless the purchaser has failed to pay the entire consideration in which case, vendor may attach motives & take steps against the purchaser.

Querist : Anonymous (Querist) 23 August 2010
The total consideration is not paid by purchaser,only 1/4 has been paid but if in the agreement the consequences of non performance is written than what will be the position?

Devajyoti Barman (Expert) 23 August 2010
If time mentioned therein was the essence of the contract then the vendor after the expiry of the stipulated time can rescind the agreement after giving notice.

c n vittal rao (Expert) 26 August 2010
firstly it is not mentioned if the subject property is moveable or immovabe if the property is immovable thentime is not the essence of the contract unless expressly made so in the recitals you can give notice to the purchaser to come and fulfill remaining conditions of the agreement failing which you can either file suit for specific performance or for declaration to render the agreement as canceled it is prudent to offer refund even if there is a .forfiture clause

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries