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Newera (Manager)     07 February 2015

House sale

Hi,

Can anyone give me a remedy for the following situation:

"A" (Seller) executes an agreement of sale for the house to "B" (Buyer).  "B" paid 90% of the amount in cash.  The issue in the agreement is "A" he who typed the agreement deliberately made a mistake in the house number.

When "B" notice the mistake after a year when the time comes for registration, "A" (Seller) denies the agreement and said this is not my house. The witness person is from the "B" (buyer side) and is willing to support "B".

Please provide a remedy to the situation as people are saying the agreement is void in the eyes of law and "B" loses the money according to Void due to the impossibility of its performance as per the provisions of Indian Contract Act , 1872.



Learning

 2 Replies

saravanan s (legal advisor)     07 February 2015

file a suit for specific performance in the court if you want want to proceed with the sale or else file recovery proceedings

T. Kalaiselvan, Advocate (Advocate)     08 February 2015

This is a typographical error which can be ignored.  The vendor has no right to say that the agreement is invalid due to the said mistake.  He is bound by the agreement since he had received the advance amount of the sale consideration.  Therefore the buyer can very well proceed with the registration of the property by paying the balance of sale consideration amount, if the vendor still refuses, a sit for specific performance of contract may be filed.   Consult your lawyer for further advises and proceed accordingly.


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