Can the court order the completion of sale deed or give double amount

914 votes

If in agreement to sell there are any clause to give double amount then if you failed to execute the sale deed you are legally liable to give double money to the other party and if the other party fail to comply the agreement then the earnest money shall be forfeited by you.

Advocate Girish Kumar LawRato

864 votes

legallu you are bound to either specifically perform the terms of your agreement or return the amount. there is no law in our country yet that protects the wrongdoers and hence you cannot take advantage of your own wrong.

Advocate Mukesh Choudhary LawRato

809 votes

At this stage, you have already executed a sale deed with the buyer of the property and he has paid you 25% of the proceeds, you cannot do anything but take the balance amount of 75% in its normal course.

You may try settling the matter amicably with the buyer to sell the property back to you, which he may do at a higher than the prevailing prices.

Advocate Aarti Manchanda LawRato

501 votes

Hi,

Please note that the terms of the Agreement to Sell would also be crucial for arriving any conclusion. Please note that in case the opposite party approaches the court of law for specific performance, then there would not be any question of money involved in the same and the Court after taking into consideration the given facts and circumstances may order for specific performance meaning thereby ordering you for concluding the transaction. For the claim of the amount, the opposite party has to file a suit for recovery, summary suit in case the payments have been received by cheque. You can start building your case on the plea of force majeure. In the alternate in case the opposite party has not acted in accordance with the terms and conditions of the Agreement to Sell, then a default notice read with termination should be sent to the opposite party.

Advocate Parag Maini LawRato

774 votes

Hullo Sir,
The first thing which will have to be seen is whether the said agreement to sell was registered or not. The next thing will be to see the contents of the agreement that whether any clause was included within the agreement regarding the termination/cancellation of the said agreement. Then depending on the above a Notice of termination may be sent to the other party that we do not wish to proceed further with the agreement and are ready to pay back the amount which was taken as consideration. However, please note that during this whole transaction you have not entered into any other agreement with someone else because then that can be shown a fraud. In cases where a person enters into a contract with some and he does not carry out his obligations based upon the contract then the other party can file a case for the specific performance of a contract. However, at the end of the day if you are willing to pay back the amount then the court will not compel you to sell the property. At max if any damages have arisen to the other party because of the refusal then a compensatory relief may be granted by the court to the other party but no one can compel you to part with the property if you are willing to pay back the amount taken as consideration.
Further with regard to the double, that would have to be seen in light of the contract/agreement to sell that whether any such provision was there or not.
So I would have to take a look at the document before I can give you a more elaborate and concrete answer.

Warmly
Shah Rukh Ahmad

Advocate Shah Rukh Ahmad LawRato