Property dispute

Querist : Anonymous (Querist) 08 December 2011 This query is : Resolved
sir,
i entered into an agreement for sale of my agriculture plot in delhi. As per the agreement i was to complete some formalities before sale deed , which i could not do . now the prices have increased and i do not want to sell my property . the agreement stipulates that in case i do not transfer the property to purchaser due to any reason what so ever i will have to pay to the purchaser the agreed reasonable damages of Rupees ninty lacs . sir, my query is will i have to pay the damages as stipulated in the agreement in case i do not sell the property to the purchaser . 2. can the purchaser get the sale deed of the property done in his favour property through court .

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Khaleel Ahmed Mohammed (Expert) 08 December 2011
The purchaser will file a suit for specif performance against you. Defend the case,it will be the discretion of the trial court about the liquidated damages to be paid to the purchaser.

prabhakar singh (Expert) 08 December 2011
Your prospective purchaser has right to sue for sale and/or for damages in which court shall decide.

M.Sheik Mohammed Ali (Expert) 08 December 2011
yes, i do agree

H. S. Thukral (Expert) 08 December 2011
Please specify the reason for not transferring the property. In ordinary course you have to fulfill your part of contract. The damages mentioned in the contract are maximum which you might be liable but the same are to be adjudicated by court.

Querist : Anonymous (Querist) 08 December 2011
it has been mentioned in the agreement that the seller agrees that the damages mentioned in te agreement and agreed by the partties just and reasonable . will i be liable for the damages mentioned in agreement

H. S. Thukral (Expert) 08 December 2011
It will be discreation of the court subject to maximum mentioned in the contract. What is the sale consideration of property?

Raj Kumar Makkad (Expert) 09 December 2011
You are legally bound to abide by the contract means either get registration in favour of vendee or pay him agreed amount of compensation with return of earnest money.

H. S. Thukral (Expert) 09 December 2011
Section 74 of Indian Contract Act shall apply. Damages/Compensation becomes payable only on adjudication of breach of contract; maximum up to stipulated amount.

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