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How much stamp duty need to pay for filling termination of agreement
08-Sep-2023 (In Breach of Contract Law)
Hi I want to know How much stamp duty need to pay for filling termination of agreement to sale of flat. I have constructed building in Pune sold flat to customer for Rs. 5300000/- with agreement to sale under mofa act. Now he is not paying remaining rs. 8000 and maintenance amount. We had send him demand letters and agreement cancellation notices since 1.5 years. He forcefully entered the flat 2 years back and started threatening us to kill if we ask him balance money. We file police complaint but police taken only abuse complaint and given NC to him. Now we have to file civil suits. How much stamp duty we need to pay and how we can vacate the flat. Please suggest. We have not issued any possessions letter or any documents other than agreement to sale. There is termination clause in the agreement
Hello Sir/Ma'am,
You cannot exactly file termination of agreement for sale.
You can give him termination notice as per the clause in the agreeme and independently file a civil suit for cancellation of agreement for sale or for declaration of termination in terms of Specific Relief Act, 1963.
If he doesn't respond to notice you may consider filing suit for Recovery of Possession. But Rs. 8,000/- looks much smaller for the amount of sale price.
If you happen to be a licensor or landlord until the sale is completed, then you may consider filing an eviction suit.
You cannot exactly file termination of agreement for sale.
You can give him termination notice as per the clause in the agreeme and independently file a civil suit for cancellation of agreement for sale or for declaration of termination in terms of Specific Relief Act, 1963.
If he doesn't respond to notice you may consider filing suit for Recovery of Possession. But Rs. 8,000/- looks much smaller for the amount of sale price.
If you happen to be a licensor or landlord until the sale is completed, then you may consider filing an eviction suit.
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Adv. Mrinalika Devarapalli
Mumbai | 25+ Answers
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