builder unwilling to sign deed of sale
06-Jun-2023 (In Property Law)
A) 11 year back I purchased apartment from a construction firm for Rs.22.65 lakh orally. Whereas The sale agreement was made for 23.65 lakhs (with a intention to avail loan amount to cover expenses of registration and stamp duty).The builder received 23 lakhs and returned 35000 honestly with a remark in writing refunding 35000 towards stamp duty.
B.) The sale agreement contains these words....The possession will be handed over only upon receipt of full consideration.
C) As agreed he has given possession of apartment and also a letter of possession.
from last 11 years i am having the possession of said flat & i am using it.
D) I approached builder for sale deed and he refused saying still the consideration is
pending
E) There was no communication by builder at any time for pending payment.
F) To be frank there is nil payment is pending
Kindly advice
Can you issue a legal notice to the seller for cancellation of the agreement and seek damages?
In a nutshell, the buyer or the seller may seek breach-of-contract money damages when the other party fails to complete the sale. If a seller defaults, he must return all deposits, plus added reasonable expenses, to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance. From a buyer's point of view, it is advisable to get the sale agreement registered.
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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