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Builder made two written agreements for same property
26-Jun-2023 (In Property Law)
Sir, 1. My contractor has made two written agreements (signed by Notary) with two different persons against one apart. Both buyers have taken loan from Govt agency and paid to him by cheque. Now he is insisting me to shift to another one. This apart is at corner side and got more appreciation value comparing to other apts. My agreement is a first one. 2. As per agreement, only 5 Lakh were to paid at booking and left over amount was to be paid at the time of registry however, he has insisted all buyers and taken 20-26 Lakh rupees from each. 3. Const is delayed by 12 months. pl advice
the builder cannot make same agreement for 2 people for the same property. the builder has cheated you and the other person. you can file a criminal case against him.
Once the terms of the contract completed it should be communicated by written notice. Section 55 of the Indian Contract Act, 1872 simply stated that if something is promised to be done at a specified time and the same is not performed, the contract becomes voidable at the option of the promisee if it was the intention of the parties that time should be of the essence of the contract. The Apex Court unequivocally stated that where time is not the essence of the contract, then also it is to be performed within a reasonable time which is to be determined from the express terms of the contract, nature of the properties and surrounding circumstances.
The earnest money can be forfeited if the buyer doesn't come forward to perform his part of contract. In Satish Batra v Sudhir Rawal, the SC discussed the difference between earnest money, advance money and liquidated damages and laid above proposition of law. You have to prove with evidence that it was the buyer who failed to perform his part of contract as stipulated in the agreement. If the buyer alleges that the time to perform the contract was extended then onus to prove the same shall be on him.
Issue legal notice to the builder expeditiously by denying all facts which are mentioned in the legal notice, you have already been created third party right And Sale agreement' terms and condition should be scrutinized by the legal expert.
Once the terms of the contract completed it should be communicated by written notice. Section 55 of the Indian Contract Act, 1872 simply stated that if something is promised to be done at a specified time and the same is not performed, the contract becomes voidable at the option of the promisee if it was the intention of the parties that time should be of the essence of the contract. The Apex Court unequivocally stated that where time is not the essence of the contract, then also it is to be performed within a reasonable time which is to be determined from the express terms of the contract, nature of the properties and surrounding circumstances.
The earnest money can be forfeited if the buyer doesn't come forward to perform his part of contract. In Satish Batra v Sudhir Rawal, the SC discussed the difference between earnest money, advance money and liquidated damages and laid above proposition of law. You have to prove with evidence that it was the buyer who failed to perform his part of contract as stipulated in the agreement. If the buyer alleges that the time to perform the contract was extended then onus to prove the same shall be on him.
Issue legal notice to the builder expeditiously by denying all facts which are mentioned in the legal notice, you have already been created third party right And Sale agreement' terms and condition should be scrutinized by the legal expert.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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