Staying the sale of a property, without going to Court

Querist : Anonymous (Querist) 07 June 2011 This query is : Resolved

I signed an agreement on plain paper to buy a property in Delhi and the time period in the agreement was 6 months, which is about to finish. Now the seller is not willing to sell it and instead wants to refund my money. Is there any provision by which I can force him to sell the property to me? We might come to an amicable solution later on, but I would like to make sure that the property is not sold to anyone else till then. Is there anyway I can get a stay on the sale of the property without going to Court?

Someone told me that I can go to the registrar office and deposit the entire consideration money there and this way, they will not allow anyone else to buy the property. Is this true? Or is Court the only way to stop the sale of this property till we reach a settlement?

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Raj Kumar Makkad (Expert) 07 June 2011
Mr. Anonymous ji! Which authority can provide stay other than court?

There is no provision of offering the entire sale consideration before registrar by purchaser and obtain stay order there from.

You can go to registrar office on the agreed date of registration of sale-deed and can get marked your presence and then can send a notice to the seller and thereafter can file a civil suit and can get stay order there from otherwise there is no other solution except mutual understanding.

Jitendar Kumar gupta (Expert) 07 June 2011
you have to expiry of the time period has to sent a notice that you are ready to buy the property and have to take legal action other wise your earnest money shall be forfeited by him.
J.K.Gupta Adv.
Delhi
9868529732

Querist : Anonymous (Querist) 07 June 2011
Thank You Mr Makkad and Mr Gupta. I am already sending him a legal notice. My only concern is that the agreement is expiring on 14th June.

1) What if he sells the property to someone else on 15th June? There would not be sufficient time to get a stay from the high court and all I can get is a refund of the advance.

2) If the property is sold to someone else before the case is admitted, is it possible that the court can rule that the property be given to me from the other buyer? That is, reverse the other transaction and fulfill my agreement? Or is that totally not possible?

R.Ramachandran (Expert) 08 June 2011
Dear Anonymous,
Instead of going on discussing the matter here, if you approach a Lawyer in Delhi, they can definitely try to get the desired stay. Vacation Courts are functioning in Delhi.

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