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Seller dishonoring the sale of agreement
28-Aug-2023 (In Property Law)
Seller got 9 acres agriculture land by his family partition recently near vellore,Tamilnadu, in which some of the lands was bought on his and his brothers name all are minor and some bought on his father's name.
We made sale deed of same 9 acres with the same seller, which was not registered due to pending security bond on land. I have the paper signed by us and the seller and his consents. Then we executed sale of agreement with the seller (without his consents), saying the he will clear and make the sale deed with in 2 months and registered the same. 45 days gone. Seller is not traceable.
You should send a legal notice to the vendor immediately expressing your willingness to get the sale deed registered on your name at your expenses and should instruct him to be ready to perform his part of contract by executing the sale deed and get it registered in your name after receiving the balance of sale consideration amount. If he is failing to respond or not complying with the demand of the notice, you may go ahead with a suit for specific performance of contract seeking specific relief of sale deed execution on the basis of the sae agreement, though the unregistered sale agreement may not be valid in law, it may utilised for the alternative relief of refund of your advance amount towards purchase of the said land.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Any minor property has to be purchased after clearance from court. It seems the owner of the property has cheated you. With out seeing your agreement a clear opinion can not be given. Better give a police complaint, so that he can be traced and some negotiations can be made for executing the sale deed.
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