Legal Question in Real Estate Law in India

Dear Sir,

I had entered in to an agreement of sale for my property in Mumbai where in the payment was supposed to be made with 3 months. However the buyer started harassing me saying teh area is less even after having complete knowledge of documentation for my property. he even started claiming that he has paid the rest of the amount due in cash has forgotten to collect the receipt.

i had taken legal help from my lawyer and have sent him a termination notice post expiry of the time frame for payment.

Currently there is no news from the buyer and he has not even turned up to take his advance back as requested in the termination letter nor has signed the cancellation deed for canceling the registration. Its amost 4 months he has not acted on any thing. I wanted to know if I can go ahead with sale of my property to other interested buyer or wait for eternity for this gentleman to turn up.


Asked on 9/08/10, 6:13 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

If you have strong evidence of service - say acknowledgment card/POD, of your termination notice then, in my opinion, you are safe to go ahead. In any event, time limit for the buyer to act for specific performance is three years from the agreement if not the time fixed in the agreement.

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Answered on 9/08/10, 6:18 am
Shrichand Nahar S.V.Nahar, Advocate

From the stand taken by the buyer, it appears that he may be a litigation happy person.

You should be considering dealing with a new buyer only after giving him all the details of this past transaction and such new buyer is willing to complete the deal in one stroke.

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Answered on 9/08/10, 11:15 pm


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