Purchase flat but penlity clause absent
Haresh Rohra
(Querist) 25 March 2014
This query is : Resolved
Dear sir,
I here to seek expert advice on following
1) i purchase flat with agreent on 100 stamp paper on 15-11-2013
2) with condition any how seller has to sell property to me only
3) so on mutual understanding we not included property penelity clause if payment on done within 90 days
4) agreent period expire on 15-02-2014
but i fail to make payment
5) now what are my rights i given him Rs.1 lakh as token amount he saying your amount is forfeited.
6) but forfeit clause or penality clause not present in agreement how can he say and sell property to another person which he doing now
pls guide me urgently
ajay sethi
(Expert) 25 March 2014
he cant forfeit the amount in absence of penalty clause . issue legal notice to seller . file recovery suit
Rajendra K Goyal
(Expert) 25 March 2014
On the basis of what is mentioned, the token money can not be forfeited. Consult a local lawyer and send legal notice.
Devajyoti Barman
(Expert) 25 March 2014
Why are you so apprehensive? You can still offer him payment and ask for execution of sale deed.
Do not go to litigation as yet unless he refuses to complete the sale.
Haresh Rohra
(Querist) 25 March 2014
Thanks
Mr. Ajay, Mr. Rajendra, Mr. Barman for reply,
yes i am worried,
i want to know do u got the agreement copy i attached with query,
payment i delayed by me? so i am worried, due to following reasons.
1) i got late documents xerox to check the clear title of property in Jan 2014
2) House tax is not on seller name. that process taken 40-45 days to change on his name
3) third token agreement is signed by husband only, as told earlier that both are joint owner. but now after 3 months we came his wife is sole owner of property
in house tax transfer forms both signed .
4) Second Due to Death of motherlike buha in our home on 1st Feb 2014
5) without title clearance registery to property is also not possible.
in all this my home loan is delayed becoz of which i failed to do payment on time.
6) now seller is selling property to another person.
if you need i send token agreement copy on your email id .
pls guide me. what i do
your reply with highly appreciated.
thank you
ajay sethi
(Expert) 25 March 2014
you have to contact a local lawyer with your documents . you can write to seller giving reasons as to why payment was delayed . offer to make payment immediately as your loan has been sanctioned . if seller refuses you have to move court for refund of your money
Devajyoti Barman
(Expert) 25 March 2014
you need a thorough discussion with a nearby lawyer with all relevant documents.
Rajendra K Goyal
(Expert) 26 March 2014
Agree, Consult with a local lawyer and show him the documents.
Haresh Rohra
(Querist) 26 March 2014
Just Now i got call from bank that i my loan is passed,
Haresh Rohra
(Querist) 01 April 2014
again problem created by seller after so much discussion and meetings.
now one co-owner of property gone to US for six months,
his wife gone, given him irrecoverable general power attorney which notary done on 100 Rs. stamp paper
is power of attorney is acceptable registrar office on 100 stamp paper
pls guide
Haresh Rohra
(Querist) 08 April 2014
Seller not coming to sign deal on Before Registrar, if do so,
He not telling real reason, just giving excuse of Tax Implication of 33% but guided that tax is on capital is just 10%.
Loan passed on my name cheque to issued on his name.
what are my rights, powers, so he come and close the deal
Haresh Rohra
(Querist) 09 April 2014
please guide for close the deal
Devajyoti Barman
(Expert) 09 April 2014
If GPA is not registered then it has no value.
