quesBuyer delaying payment of rest of the amount by filing baseless cases.

I have a house in Gurgaon that I sold to someone. As decided he paid me 10% or the total payment and the remaining 90%was to be paid in the next 70 days. On the 68th day I received a summon from the court wherein this person says that we have taken an advance payment and are now refusing to give him the house.


It’s been 4 months that he has been raising baseless reasons to extend this case further and is avoiding all means for registry.


What should we do in this case?


  • ans


    After reading your query it appears that you have entered into an agreement to sell with the purchaser. 


    Further, in the Agreement to Sell both parties have agreed for 10% payment by the purchaser to you in advance and remaining 90 % to be paid within 70 days from the date of the said agreement. 


    As per you, before expiry of the 70 days you received a Summon of the court that shows that the purchaser has resorted to the court prematurely and his cause of action is immature till 70th day from the date of the agreement. 


    Therefore, the case is preposterous and liable to be dismissed in your favor on the very first day and the case is without any grievance. Anyway you may appear in the court through a lawyer and defend your case by filing appropriate application Under O-VII, Rule -11 OF Code of Civil Procedure, 1908.


    Once you engage a lawyer with complete documents an efficacious remedy can be suggested. 


    Kindly contact us for any further details and action.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • 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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

My grandmother is having 60 cents but only 31 cent is having adharam, rest is…
Dear Sir/Madam, My self & my Sister both are sign in mutual agreement on INR…
i want to sell my house and buying party want to take loan for purchasing…
Property in grandfather(mother's father) name, he died 40 yrs ago after that it come to…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly