Legal Question in Civil Rights Law in India
Vender sell his flat and made rajisterd aggriments with buyer as per term include on that aggriments
1 total cost of flat 9750000
2 buyer pay earnest money 51000
3 if buyer fail to pay full consideration amount on or before 30/12/2009 seller forfeit earnest money
4 if buyer fail to pay full consideration amount on or before 30/12/2009 seller has liberty to sell his flat any other party or third party
5 seller sell his flat to any other third party giving without any notice to the first buyer and first buyer not take any action against seller
Now in Feb 2010 seller forfeit his earnest amount 51000 and send termination letter to the buyer along with balance 180000 cheque
And sell his flat to other person in may 2010
Is that lawfully ?
1 Answer from Attorneys
1) The deadline fixed whether exceeded is not clear.
2) Depending upon the wording, if deadline is over, the seller can sell
to the third party.
3) However, to bring into litigation, file specific performance suit and bring
injunction order against his registration to the third party.
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