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Praveen Mishra (Web Developer)     13 June 2018

Legal process for a seller after expiry of agreement

We had a deal with buyer for sle of dda flat where buyer was given 4 months time. On the expiry of the term buyer made another agreement with us, i. e., seller on his brother's name, as a buyer as he was unable to get loan on his name, and took 1 months time. The second agreement's term is to expire soon.

1. What is the course of action with respect to the seller which must be followed?
2. The agreements were NOT notarised. What is their authenticity?
3. Buyer has our(seller's) Xerox copy of pan card, complete property documents, aadhaar card and passbook front page. An that be misused?
4. Someone suggested to go to registrar office and make an entry that buyer has not come for registry and issue the notice.
5. If point number is to be followed than when should we go to registar office on the last day of the agreement is holiday.



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     13 June 2018

The agreement to sell property exists and if there is no actual sale by the fixed date/time as agreed than the seller can keep the advance amount given to him by buyer with him as its not for his fault the deal failed. The Xorex copies of the documents give to the buyer can be taken back after the fixed date for actual sale of the property. The misuse of these documents cannot be defined, but the original property documents exists with seller hence there won't be any transfer of property taking place till the Sale deed along with the original documents of the property are handed over to the buyer by the seller after the registration process etc.
1 Like

Siddharth Jain   13 June 2018

you can file a suit for specific performance against the buyer.
The proviso to Section 49 of the Registration Act, legitimises such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract.

For any other queries feel free to contact me at isidjain1@gmail.com

Regards,
Siddharth Jain,
Advocate, Delhi.

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