Agreement to Sell- penalty instead of delivery?

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
Hello,

I did an agreement to sell on a plain paper which had the clause that I would have to pay double the advance if I backed out of the sale. Now I don't want to sell and am ready to pay the double penalty. If the buyer files a case, is there any way that the court can force me to sell the property, even if I'm ready to pay double the advance as per the agreement?

Follow Query

Report Abuse

R.Ramachandran (Expert) 20 May 2011
Yes, if the buyer files a suit for specific performance, then the court if it is satisfied that the buyer has merit in his claim, can order you to perform the contract i.e. execute the sale deed in favour of the buyer.

M.Sheik Mohammed Ali (Expert) 20 May 2011
yes, i do agree

Querist : Anonymous (Querist) 20 May 2011
but the agreement clearly says that either delivery has to be provided or double the advance. Then why isn't double the advance admissible?

abhishek (Expert) 20 May 2011
yes , in this case also the Court can use its discretionary power to give the relief claimed by the petitioner if he is ready and willing to pay the balance sale consideration

M/s. Y-not legal services (Expert) 21 May 2011
Yes.. Am agree with experts. That the other party can file a specific performance suit for execute the sale deed..but if you stated about the double advance refund mean you have a chance to break it.. And you can challenge the agreement which is made in plain paper.

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