Procedure in case seller not selling property after earnest money
19-Mar-2023 (In Property Law)
what to do if seller dont sell his property to buy after having earnest money
If you have entered into agreement to sell, and seller is now backing out from the sale of that property than in that case you have to approach to court and have to file suit for specific perfomance in civil court
Your quistion is not complete . whether there is any written agreement or not, what are the terms and condition of agreement. If you have perforn
med all terms on your part and date of sale if mentioned in the agreement is not expired . you should appear before the Sub Registrar where the sale is to be registered after giving notice to the seller with remaing amout to be paid to the seller, and get your presence mark by filing an application in proof of your willingness and readyness with consideration to execute the sale deed. If the seller do not turn up to get the sale deed exected in your favour , thereafter , you can get the sale deed exected through court by filing a suit for specific performence.
med all terms on your part and date of sale if mentioned in the agreement is not expired . you should appear before the Sub Registrar where the sale is to be registered after giving notice to the seller with remaing amout to be paid to the seller, and get your presence mark by filing an application in proof of your willingness and readyness with consideration to execute the sale deed. If the seller do not turn up to get the sale deed exected in your favour , thereafter , you can get the sale deed exected through court by filing a suit for specific performence.
In pursuance to agreement between you and your seller, and if he is not executing registry in your favour after receiving earnest money, you are entitled to file suit for execution of registry through specific performance of agreement to sell at the earliest within the period of limitation, i.e. 3 years.
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