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Seller refusing to sell property after payment of token money


25-Mar-2023 (In Property Law)
we have agreement done on 21 dec 2016 regarding buying house of rs.51.50 lac...we paid 10.30lac at the time of agreement through rtgs.... Now we are doubting that seller might sell his property to someone else or he may not come on the last day of agreed registration I.e.15.4.2017... He is repeatedly saying that he has not found a new house to live and cant live on rent.... Our pending payment of rs.41.20 lac is ready What can we do???
Answers (2)

Answer #1
529 votes
The first step you need to take is to get your presence marked in the office of Sub Registrar on 15.4.2017 and swear an affidavit on the day to show your willingness to get the sale deed registered. Ensure you have the balance amounts in your bank accounts to prove this fact later in case of need. Then file a suit for specific performance of the agreement on 16.4.2017 along with permanent injunction restraining the seller from alienating the property to any third person.
Answer #2
638 votes
party has made his mind that he is not going to execute sale deed on the stipulated date you have two remedies either you can file Suit for specific performance or suit for permNent injunction in the civil court and can obtain stay order

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