Legal Question in Real Estate Law in India
I am buying a house of an individual(not a builder but a normal resident) in dehradun.I had already got a sale agreement done in oct 2009 with the seller according to which i have time till 31 aug 2010 to finally get saledeed made on my name. But day before yesterday the seller informed me that somebody else is paying him much more than we have in the agreement. So he will not be selling the house to me now.i have already paid some amount to him as advance in agreement.The agreement was prepared by an advocate on stamp paper. So my question is can the seller dishonour the agreement and sell the house to somebody else before 31 aug 2010? If i go to dehradun before 31 aug 2010 for final purchase of house and the seller refuses to sell it what can i do against this as i have already paid some amt as advance to him? Does my sale agreement not carry any value if i have not done it NOTARY? Do i need to do something with the sale agreement to fetch it more value? In that case how can i force him to sell the property to me or to return my money given in advance?
2 Answers from Attorneys
you may file a suit for specific performance of contract and seek a stay against the property so that till the time your suit is decided, property cannot be sold off. the seller may enter a compromise later.
The seller's decision in refusing you sale is illegal. However, if you do not get stay immediately, he may deliver possession to the proposed vendee and you may suffer expensive and prolonged litigation. Therefore, act fast and try to settle the matter at the earliest.
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