Legal Question in Real Estate Law in India
The seller of the property is not taking final payment nor he is executing necessary paper.He has already taken earnest amount @10% of the total amount. What to do if he remains absent on the last day of accepting payment and afterwards he forfeit the earnest money on the pretext of non performance / inability of paying final amount. What are the remedies. However it was agreed on the agreement to sell on Rs. 50/- non judicial paper that he (seller) will execute necessary paper and take final payment and if he fails to do so the buyer will have right to sell the said property. Can the buyer go to notary to make papers so as to show the evidence that the buyer was able to pay but the seller not willing to perform his part i.e. not taking money and making necessary papers. How can he be stopped before the last day of final date.
4 Answers from Attorneys
Write a letter - and obtain an acknowledgement - that you are ready, willing and able to perform your part of contract. Thereafter he does not turn up you can file suit for specific performance.
send legal notice & if he does not agree u can file suit for recovery and specific performance
Too speculative query.
If seller refuses to abide by the agreement, approach court with appropriate suit.
Send him a legal notice informing your intention to complete the deal by giving him 15 days clear notice . If he still does not do the needful , file a suit for specific performance against him......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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