Sale agreement
sheela
(Querist) 13 September 2012
This query is : Resolved
I have signed an unregistered agreement to sell my LIG flat on first floor of two- storey building with roof rights. I now understand the purchaser would construct two flats on the roof. He would get lots of money whereas I would get pittance. I want to cancel the agreement and return the money to the purchase with FD interest. Is it possible.
ajay sethi
(Expert) 13 September 2012
have you received full consideration ? what are clauses of the agreement . only if buyer defaults and fials to make payment inspite of notice can you cancel the agreement . if you fail to honour agreement buyer will file suit for specifi c performance
sheela
(Querist) 13 September 2012
yes I have received the full consideration. But will not my plea work in my favor in the suit for specific performance. How can a court allow a purchaser property dealer to enrich himself at the cost of seller. I was deceived, so to say, into signing the agreement as I never knew the implications of roof rights
ajay sethi
(Expert) 13 September 2012
you ought to have consulted a lawyer . had you spent some money on legal fees the lawyer would have guided you on the financial and legal implications of deal .
always be careful when you purchase and sell property . a few thousand rupees spent on legal fees saves you lot of hear burn later .
honour the deal now or end up paying money on legal fees
sheela
(Querist) 13 September 2012
You are dead right. I am learning the lesson hard and expensive way. Tell me,Sir, how long does a suit for specific performance take to decide. Good night.
Anish Thakur 7018812737
(Expert) 13 September 2012
respected querist ,
there are many cases which are decided in favour of the person who have lost his beneficial rights / in terms of sepcific performance case , however case is tough but indian laws are heaven for lawyers so consult some local lawyer for it as advised by Mr. Sethi.
sheela
(Querist) 14 September 2012
I liked your firebrand spirit, Mr. Thakur. Never say die. Keep fighting and you will get justice one day. I don't think courts decide matter by letter of law alone. They cannot ignore the spirit behind it. I'd oppose his suit for specific performance tooth and nail.
THANKS
Arun Kumar Bhagat
(Expert) 25 October 2012
Chanakya says- " If you have a loosing case, fight in the Court" and "If you have a winning case settle outside the Court".
Now the option is yours.
