Tokan gave to owner, not ready to sale now.
bapu
(Querist) 22 August 2011
This query is : Resolved
Hi Sir/madam,
I was done deal for flat at 28.5lakhs for 2 bhk in end of April’2011 month.
I gave 50,000/- cheque as token amount to owner in first week of may month.
But flat is owned by husband & wife. Husband is out of India for next 6 months.
So owner parties told me, can you wait for 6-7 month? If your wait for next 6-7 month then we accept token amount.
I told them, I am ready to wait for 6-7 month or more...
Because flat registered on husband & wife, so for registration & agreement , both are required. i gave token 50000/- as cheque.
I don’t make MOU with them. My mistake.
they said, believe on us. we are not break your trust.
I was wait for him.
Now I proceed for home loan, arrange all down payment from families, relative.
On 15th August 2011, they said, we are not ready for sale flat. Please cancel deal.
Reason---- they got enough amount from relative to pay new flat’s loan.
Please advise me, what I will do now? I wait for 6 months, paid my rent for current flat, price is hike more.
I am frustrate from cancelling deal. But I want to buy same flat. Because I am waiting from 6 month.
Regards
Bapu
Chanchal Nag Chowdhury
(Expert) 22 August 2011
U R entitled to compensation,though U may sue for specific performance.
Devajyoti Barman
(Expert) 22 August 2011
Yes suit for specific performance of contract is the solution.
Advocate Bhartesh goyal
(Expert) 23 August 2011
Though there is no written agreement between you and seller even than you can file suit for specific performance of contact on oral agreement.
prabhakar singh
(Expert) 23 August 2011
If you do not get it disheartening,i advise you to take money back and sleep peacefully as it would not be very easy to prove in absence of writing,and if it is a case in UP no specific performance would be possible in absence of a registered agreement to sale.