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Sale agreement term period 3 months over buyer not registering
27-Jul-2023 (In Property Law)
One broker brought a buyer , since broker was through some referal we completely believed him and got the agreement registered. Sale agreement was made for land of 2 acre +1 acre A Kharab. (Agreement term 3 months) They agreed that measurement is not required and they would also take care of possible partial encroachment of A Kharab. That's why agreed to sell for 40 lakhs/acre but actually cost of more. Now they are asking us to get the measurement done and resolve the encroachment. They are not coming for registration and 3 months is over. Pl advice Next step. We are in a fix, please help
My advice is to try to sort it out with the buyer, and if he doesn't cooperate then either cancel the agreement for sale or file a case for Specific Performance of the Contract, meaning you file a case and take the Court's assistance to direct the buyer the fulfil the terms and conditions stipulated in the Agreement.
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If the buyer is not coming forth and registering the sale deed despite the lapse of more than 3 months, get a legal notice issued to the buyer terminating the sale agreement, attach a copy of the notice along with the postal acknowledgement after the notice is duly received by the buyer and get the sale agreement cancelled at the sub-registrar's office (if the document is duly registered there), inform the buyer that the advance amount if forfeited and that he does not have any right to seek for registration hence forth.
Simultaneously file a caveat also.
Simultaneously file a caveat also.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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