Legal Question in Real Estate Law in India

Hi, I have bought a Old house, and I have paid nearly 90% of the total amount, and the sale deed of the house is done. The rest of the amount, was supposed to be paid by post paid cheques which I have already issued. But after possesion of the said, house, I have found that the house needs a lot of repair. Before the house was purchased , the seller, said the house is in perfect order, and I trusted them, and since they were living in the house, I could not get the chance to fully inspect the house to my Satisfaction. Since the house was painted all over newly, in Summer, I could not notice the defective water proofing of the ceiling also. Once I got the possession in the rainy season, i found the ceiling has defective water proofing and there is leakage even from the walls. In addition on proper inspection, I got to know that kitchen carpentry was in tatters, the Plumbing does not work, due to defective or blocked pipes. Their is leakage from the upper bathroom into the ceiling of the Ground floor. Now I am in severe distress as the expected renovation and repair of the house would run into more than 5 - 10 lakhs, and the amount due to the seller from me is 5 lakhs. Now I am in a dillema, how to take action against the seller over his dishonesty and cheating me into buying a house that needs so much of repair. I feel to cancel the cheques I have issued. Would I be within my legal right to do so ????


Asked on 7/25/14, 11:36 am

1 Answer from Attorneys

NO.the seller may either sue you u/s138 or ask to cancel the the sale deed.

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Answered on 7/25/14, 7:32 pm


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