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Seller doesn't fulfill agreement conditions
17-Jan-2023 (In Property Law)
Hello, i was entered into an agreement of buying a floor in shalimarbagh, Delhi. on 31october2016 in which i gave 6lacs rs. as a security(bayana) amount. The terms and condition of agreement states that after 3months that is on 31st January i will get the possession of house after all legal formalities and paying full amount. on time of agreement the property is not freehold, the seller said he will complete all legal formalities till 31jan. now he is saying he want 15 days more that is 15 feb. but i can't give him more time because i have to vacant my house till 2nd feb. seller neither give double amount as per agreement nor he vacated the property. i said to seller take half of amount and give possession of house and after freehold i will give u full payment but he didn't agree on this too...... what can i do now/??? plz plz help me ... give your precious opinion.
Freehold can take much longer also. You must either renegotiate terms and enter a fresh agreement or send a formal notice to seller expressing your readiness to buy, his not being able to get freehold done and also demanding double the amount as per agreement.
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Dear Sir,
You should immediately file a suit for performance of the Agreement. If you delay in filing the suit, you would have parted with money and you would be without a flat. You should also seek damages.
Thanks
You should immediately file a suit for performance of the Agreement. If you delay in filing the suit, you would have parted with money and you would be without a flat. You should also seek damages.
Thanks
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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You have several legal remedies but most importantly it will take reasonable time as you can file suit for specific performance, lodge an FIR, file a writ petition in High Court and amicable solve the matter as per your requirement.
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Adv. Siddharth Dev
Delhi | 200+ Answers
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You can go ahead and get him issued a legal notice instantly seeking specific performance of the contract or even recovery of your amount along with interest and damages.Therefore you can also avail criminal remedy if you want to opt for but most advisable is a civil suit with notice issued instantly.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Sir one way is to take possession as you have already explored. Second is to expediate the process of conversion from leasehold to freehold. Going to court at this point of time is not viable in my opinion and it would be a waste of time and money .
Plz feel free to contact for derailed opinion..
Plz feel free to contact for derailed opinion..
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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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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