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Prashant Gupta (business)     26 March 2018

Specific performance of property deal

Hi,

I entered into an agreement to sell my property and got 10 % as earnest money. The agreement contained three clauses amongst others- firstly part payment by a specified date, secondly final payment by a specified date and thirdly forfeiture of earnest money in case of default by buyer or refund of double of earnest money in case of default by seller.

Based on this deal, I entered into further three deals to buy properties with similar types of clauses there in. I have paid earnest money to all three prospective sellers from the earnest money that I got from buyer of my property.

Now the specified dates are approaching and my buyer is seeking extra time of one month for the payment while my sellers are refusing to give me any sort of extension. I want that all deals should get through but in case God has some other plans, what are the remedies with me to safeguard my interests.

Each of our agreements is on Rs 100 stamp papers signed by respective buyer, seller and two witnesses ( but neither registered nor notarized)


Learning

 5 Replies

Prashant Gupta (business)     26 March 2018

neither broker nor agent nor middleman ....but one of the parties to the contract / agreements

Kapil Nigal   26 March 2018

totally invalid

Kumar Doab (FIN)     26 March 2018

Your buyers have nothing to do with your previous transactions..posted by you.

Involve elders of family, well wishers, mediators, brokers and preferably settle the matter amicably…

In future avoid entering into such deals until or unless you have back up funds..

Either approach some lenders/ banks for finance or meet the notices issued by your buyers if any I issued by them.. and approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record …………….and worth his/her salt…

Such counsels can also mediate, conciliate, arbitrate and help to resolve the matter amicably.

As per your post only 1 month is the issue.

Prashant Gupta (business)     27 March 2018

@Ramesh Singh

there is no tripartite agreement. I will explain it with an example .

My client say Mr A entered into an agreement with Mr B to sell his property and got 10 % earnest money ( bayana) on 01.08.17. Another 30 % payment was to be made by 15.10.17 while final payment of 60 % was to be made on 31.10.17.

Based on this deal, A enters into two different and independent agreements to buy properties from C and D on 05.08.17 and 06.08.17 respectively. A pays 10 % as Bayana each in both the agreements with C and D. The final payment date in both these agreements was 07.11.17.

Now B is seeking one month time to make remaining payments.(He may even have intention of not making payment as all as the property prices have gone down). In case C & D also agree for similar extension then there is no issue at all. However if they don't agree, can they legally forfeit A's bayana immediately on next day and what shall be the legal steps they have to follow for which A needs to be ready. Let's hope such situation does not arise but in case if it so happens A needs to be ready with his action plan. So there are two specific queries :-

1. Can A compel B for specific performance of the agreement.

2. Can A forfeit bayana paid by B if he does not make payment. If yes, is he supposed to follow any legal steps.

All agreements are independent and are on Rs 100 stamp paper.

Prashant Gupta (business)     27 March 2018

@Ramesh Singh

there is no tripartite agreement. I will explain it with an example .

My client say Mr A entered into an agreement with Mr B to sell his property and got 10 % earnest money ( bayana) on 01.08.17. Another 30 % payment was to be made by 15.10.17 while final payment of 60 % was to be made on 31.10.17.

Based on this deal, A enters into two different and independent agreements to buy properties from C and D on 05.08.17 and 06.08.17 respectively. A pays 10 % as Bayana each in both the agreements with C and D. The final payment date in both these agreements was 07.11.17.

Now B is seeking one month time to make remaining payments.(He may even have intention of not making payment as all as the property prices have gone down). In case C & D also agree for similar extension then there is no issue at all. However if they don't agree, can they legally forfeit A's bayana immediately on next day and what shall be the legal steps they have to follow for which A needs to be ready. Let's hope such situation does not arise but in case if it so happens A needs to be ready with his action plan. So there are two specific queries :-

1. Can A compel B for specific performance of the agreement.

2. Can A forfeit bayana paid by B if he does not make payment. If yes, is he supposed to follow any legal steps.

All agreements are independent and are on Rs 100 stamp paper.

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