Advocate Paridhi Rasiwasia

Questions Answered by Advocate Paridhi Rasiwasia

Q: Breach of contract in a Land selling process.

We sold a piece of land to a person a year before.The property worth 77lakh.The person gave initially 35lakh advance in 2019.He then made an agreement to give 17 lakh within 3 months in a 10rupee stamp paper.And as per original agreement he has to give rest 25lakh in 2021 June at the time of registering the land in his name.But on account,suddenly the person turns back and he now denies to give the 17 lakh which he had to give us in 2019.He threatens us that he will not give that intermediate 17 lakh and would only pay the 25 lakh at the time of registration in 2021.He also captivated the land and started to farm rice fields.Kindly please advice what should we do or which legal step we should take to get our money.We couldn't sleep at night peacefully,kindly help.We contacted several lawyers but they always misguiding us.Please help immediately

Advocate Paridhi Rasiwasia answered
Please send legal notice for specific performance of contract. if buyer does not fulfil his obligations under the contract, that is, pay the total consideration as promised, you can approach the court for injunction, compensation and re-possession.

Q: unpaid installments for an alloted flat

I have paid about 75% of my payments for a flat booked as per the agreement n thereafter I could not pay the balance due to some financial problems.Now, the company says that if I don't pay my balance amount along with the interest in fifteen days,then they will cancel my allotment of the said flat?The question is that at present situation n due to pandemic,my business is almost on the verge of closure.can I extend the time till this year end n pay my balance amount n take my flat possesion or the company will forfeit my flat?

Advocate Paridhi Rasiwasia answered
Hello. The answer depends on the allotment agreement of the flat. Most Allotment agreements provide for a clause that in case of non payment of the allotment amount within the stipulated period, the developer can forfeit the advance money and cancel allotment. However, there might also be a clause which provides for penal interest for the period of delay and once the principal plus interest is paid, you can get possession of the flat. You can request for extension of time considering the pandemic but it solely depends on the contract and the developer.