Stay on property
rameshpatel
(Querist) 11 June 2015
This query is : Resolved
I signed a purchase agreement for a property, due to some personal issues I could not make the final payment before the specified contract closing date. The seller gave me cancellation notice and cancelled the contract and forfeited my deposit. After 3 years of the agreement date I filed a law suit for specific performance & money recovery. So far the court has not served the summon to the seller.
I found out from my sources that the seller has recently transferred the property to their relative.
Can I still get a stay on the property now owned by new owner?
If I win can I get money judgment attached to the property owned by the new owner?
Advocate M.Bhadra
(Expert) 11 June 2015
you should have file a case in consumer forum better than civil court for speedy trial.now you can withdraw the suit and file a case in consumer forum if it is not time barred or issue fresh summon and file a petition for an injunction in the same court.
Dr J C Vashista
(Expert) 11 June 2015
How the case is maintainable after 3 years of elapse of the period as covenanted in the Agreement to Sell? No stay can be granted in the given circumstances.
The vendor (seller) is well within his right to terminate the contract and forfeit earnest money.
Advocate Bhartesh goyal
(Expert) 11 June 2015
Your case is time barred so not maintainable and in such situation injunction can not be granted.
Rajendra K Goyal
(Expert) 11 June 2015
Agree with the expert Dr J C Vashista ji.
Biswanath Roy
(Expert) 11 June 2015
You may mail me a scanned copy of the sale agreement and seller's letter for cancellation of sale to find out any flaw in it that can help you.to proceed legally.
