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Can court force a owner to sell property
04-Oct-2023 (In Property Law)
I entered a agreement of selling my property for 50 lacs and the buyer paid a earnest money of 20 lacs. I dont want to sell my property now. We offered them 25 lacs (considering 10% as earnest money as per court considerations in major judgement) and we want to avoid court proceedings. They other party is saying that they don't need money refund they want property only and will go to the court if we deny selling it. My question is: 1. I want to know my maximum legal obligation that i need to pay to the other party if court case pursue along with approx court case fee charges in Delhi court. 2. Can court force me to sell, if I dont want to sell for any reason.
Once a legal and valid agreement to sell is executed for sale of property then both the parties are legally bound to obey and comply with the terms and conditions thereof. There must be clauses for non-compliance for both the parties.
As you now do not want to sell for whatever reasons the agreement is required to be examined to find out ways for you.
You may contact me for the purposes if you so desire. I am in Delhi High Court.
As you now do not want to sell for whatever reasons the agreement is required to be examined to find out ways for you.
You may contact me for the purposes if you so desire. I am in Delhi High Court.
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Adv. S P Srivastava
Delhi | 200+ Answers
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To answer your question, if the other party files the case, then you will not have to pay court fee. You will have to pay the lawyers fees, and that will depend on the lawyer you engage. In the event that you do not want to sell, then the court will not force you sell if you do offer to refund the money along with reasonable interest.
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Adv. Angad Mehta
Delhi | 100+ Answers
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No court can force anyone to sell his or her property if you are ready to compensate the other party for your act. It depends upon the other party what action he would take. He can file a recovery suit or suit or specific relief, in both the situation you have to respond accordingly. Don't worry. Be ready with all your documents if he files a case against you, contact with me or any other lawyer. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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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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