Hi Experts,
My client purchased One acre agriculture land and written an agreement on 100RS JS for 3 months. With in he needs to pay the rest amount and to register.
Now the seller is not coming in front and to write it down to the buyer. He just likely prolonging and he is torturing the buyer and seller is sending back the buyer by telling stories and as per agreement buyer doest have time more than 3 days. Kindly guide me what to do further.
Kindly guide me ASAP.
Was time made the essence of the contract or not? it is essential that in all agreements time should be made essence of the contract.
A personal notice to be sent, through the Notary Public to the proposed vendor referring to the agreement made and detailing the specific requests, date wise, made to receive the consideration and register the property and that he had refused to do so every time and that time is running out. If the notice is rrefused, the Notary Public would record the fact and return the notice to the proposed buyer.
if notice is accepted, the acknowledged copy would be returned to the proposed buyer.
Even after the period is lapsed the registration is not done, a legal notice to be served giving full details of agreement, the time limit stipulated, the notice served through Notary Public and the failure of proposed vendor to register the property, demanding registration within 15 days of receipt of the notice, failing which legal recourse woudl be resorted to.
the proposed buyer may sue for specific performance of the contract and pray for not alienating the property till the suit is disposed off by the court.
Or suit for damages can be filed.
it is for the proposed buyer to decide which way to go, suit for specific performance or suit for damages.
