Legal Question in Real Estate Law in India

Respected Sir

CONDITION :-Buyers Cash Margin Paid to Seller, & Registration of the House is also Done,and Clause as per Sale Agreement that Remaining Amount will be paid by the Buyer to Seller ,as the Loan Cheque Gets Disbursed within 30Days from the Date of Registration & and there is no Clause added further if at all buyer fails or default as per the Said Clause mentioned in Sale Agreement i.e "Payment of Balance Amount as the Loan Gets Disbursed"

Query :- 1) What If the Buyer Fails to Abide by the Clause of Balance Amount Payment which is Stated in Sale Agreement with the Given Period of 30 Days Time.

2) What If the Seller Gives his wish to Cancel the Deal as the buyer failed to Pay the Remaining balance amount to the Seller.

3) If the Deal is Cancelled and the Counter Effect of this will be subject to "Cancel the Registration" - Then who will bear the Loss of Registration Amount Paid.4) What if nothing is Specified then what will be the Default Result of the Case.5)Will Government will Refund the Amount Paid towards Registration if the Deal is Cancelled.Can we Apply for that Amount/Refund.

6) Any other Results Legally with relation to this Case.

India | 400096 | Real Estate and Real Property


Asked on 2/09/13, 12:45 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

If an agreement or contract is silent about some matter / aspect, same may be adjudicated by Court.

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Answered on 2/09/13, 9:07 pm


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