a sale agreement made by encashed the advance of 5 Laks refused to reg
29-Apr-2023 (In Property Law)
A sale agreement was made by vendor and purchaser .the purchaser is living in the same house total sale amount is valued 17.5 lakhs rs 5 lakhs paid by purchaser who is living in the same house on rental basis.the date promised by vendor is expired.vendor took the cheque of rs 2 lakhs and 3 lakhs already encashed now the vendor is demanding the rent till the restoration is excited.is it law full and also threatened to cancel the agreement which is registered in a notary club
If you got a sale agreement duly notarized you can proceed before a consumer forum for appropriate relief but for any relief in civil court the agreement should be a registered one. Howevervfor recovery of advanced amount you can also initiate criminal case.
The factual information in detail is required. The sale agreement made by and between the parties is required to be examined.The title deed , mutation certificate, current tax payment documents will clearly show seller's stake in the property.As I could understand the aggrieved party has legal remedies but he has to prove conclusively that breach of agreement on the part of the seller did occur causing losses to buyer's financial and other related interest in the matter.Detail opinion can be offered only after perusal of the foregoing documents.For further instructions contact lawRato.
Dear client,
Your question is not very clear to give proper advice as nothing is being clear as what do you mean by saying the date had expired by the vendor because it is basicly applicable to the purchaser. As per your details the claim of vendor regarding rent is concerned it basicly depends upon the terms and conditions of your agreement for sale. Any agreement is bilateral agreement cannot be cancelled unnilateraly and to enforce an unregistered agreement you have to pay the deficit stamp duty first to make it admissible in the court.
Your question is not very clear to give proper advice as nothing is being clear as what do you mean by saying the date had expired by the vendor because it is basicly applicable to the purchaser. As per your details the claim of vendor regarding rent is concerned it basicly depends upon the terms and conditions of your agreement for sale. Any agreement is bilateral agreement cannot be cancelled unnilateraly and to enforce an unregistered agreement you have to pay the deficit stamp duty first to make it admissible in the court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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