(Guest)

Buyer not paying balance amount

Dear Sir,

I have sold my flat in July 2012, and as per the sale aggrement "If permission to sale" from Chandigarh housing board is not issued in time I will handover the physical possession of my flat to buyer by October 31, 2012 and buyer will pay me the balance amount at the time of registry. As agreed I have handed over the possession to buyer on time. No as per new rules free hold property is not required any permission to sale from CHB. When I contacted buyer he is not coming for property registration and again and again asking for permission to sale as mentioned in sale aggrement. I have sent him enough notices to inform him about new rules and to come to the office of sub registrar to get this deal completed. He is not coming for sub registrar office for registry. Please advice what option I have leaglly to get this deal completed of to get back the possession of my property. Or is there any way I can terminate the sale aggrement as now he is not coming for registration.

Please advice.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 30 July 2013

Give him a final notice telling him to complete the sale within a stipulated time and if he fails to do so, the contract shall be treated as broken and you shall be free to sell your property to anyone else.

(Guest)

Thanks for your response Archana,

How can I get back the possession of my flat. Do I need to file case in court or can I get police help to get the possession back.

Regards,

Sukhjinder

adv.raghavan (Advocate,9444674980) 30 July 2013

give him a final notice , and if your ready with the amount what he paid. Then file a criminal complaint under section 441.442 if IPC FOR illegal trespass.and u can file a suit for recovery of possession

Advocate Sastry (Advocate) 30 July 2013

Follow the advise of Adv. Archana... After that follow the advise of Mr. Raghavan

(Guest)

Thanks Raghavan/Sastry.

I Highly appreciate the responses provided by you. Regarding the amount which I need to pay him. Do I need to pay him all the amount paid by him or just the amount which he paid me after the Sale agreement. I meant to say can I keep the amount which he paid me at the time of sale agreement (BIANA)

Thanks,

Sukhjinder

Advocate Sastry (Advocate) 31 July 2013

If you have mentioned in the sale agreement regarding liquidated damages in case of non performance of the contract you can recover some amount for cancellation….