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Selling( co owner) denies signing the agreement for 2 years
16-May-2025 (In Property Law)
I had a sales agreement 2 years ago for a duplex in a property owned by a well known firm in jabalpur. The agreement required the signatures of both co owner. One of them signed the agreement but one keeps denying for 2 years. We also sent a legal notice for the same few months back. Now the firm wants us to pay additional interest per month on remaining amount. We were supposed to go for a home loan for the remaining amount but couldn't because the agreement was incomplete and would have simply
U file a case in consumer forum against both the owner and Co owner for not not giving possession of duplex /signing the agreement as it comes under unfair practice under consumer forum .At the same time u can file a criminal case also against both fir criminal breach of trust and cheating .
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Adv. Ashutosh Patel
Jabalpur | 400+ Answers
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Firm shall serve a notice for specific performance to both the party. In your reply you can assert about your readiness and willingness to execute the agreement . in case if firm file a civil suit in that case also you should take a defence of your readiness and willingness. let me know if you are also not willing to execute the agreement!
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Adv. Prince Shrivastava
Gwalior | 25+ Answers
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The most suitable legal action is a suit for Specific Performance of Contract. This compels the sellers (firm and co-owner) to complete the sale as per the existing agreement. Additionally, the buyer can claim Damages for Breach of Contract for losses incurred due to the delay and mental agony, and seek an Injunction to prevent the firm from demanding unjust interest or selling the property to a third party.
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Adv. Saifuddin Saifee
Indore | 25+ Answers
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As the agreement lacks the signature of one co-owner, it remains legally incomplete and unenforceable, thereby frustrating your ability to secure a home loan. Consequently, the demand for interest on the remaining amount lacks legal merit, as the delay in performance is attributable to the seller’s failure to execute a valid and complete agreement. You may consider issuing a detailed legal notice repudiating the interest demand and initiate appropriate proceedings before the Consumer Forum for deficiency of service and unfair trade practices. If necessary, civil remedies such as a suit for specific performance or recovery of the advance may also be explored. For assistance in drafting legal documents or pursuing the matter further, you may contact me directly.
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Adv. Abhishek Jat
Gwalior | 25+ Answers
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