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Author Topic: the seller not adhere to the agreement terms  (Read 543 times)

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Offline nizham

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the seller not adhere to the agreement terms
« on: September 10, 2015, 06:59:29 AM »
Sr,

I made an agreement (in 500 Rs stamp paper) to purchase a flat with an owner . The flat is in the name of mother and daughter (in USA) and daughter have given general power of attorney to mother to sell the flat . my agreement was with the mother based on the power of attorney from her daughter also.

Now the daughter and mother refused to execute the deed stating that they are not getting another house for purchase. They are ready to return the advance amount. I have two more months pending as per the advance agreement.. Please advise what shall I do to get the property registered in my name...

Offline adv.amarnath

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Re: the seller not adhere to the agreement terms
« Reply #1 on: September 10, 2015, 07:50:51 AM »
You cannot force any person to make him execute a sale deed in your favour even you have agreement for sale. It will be deemed to be coercion and same is punishable under IPC.

Now, in your situation, the Agreement for Sale is invalid in the eye of law as it is not being registered as Agreement for Sale must be registered. Moreover, you have not mentioned that whether power of attorney is being registered or notarized or nothing on which basis her mother has execute the sale agreement on behalf of her daughter.

You have only option to file a suit for Specific Performance of Contract against mother and daughter but you have to pay the stamp duty before the court as your agreement for sale is unregistered where you can also claim to get back your advance money with compensation. Don't forget to send a legal notice giving her last opportunity to perform her part as per the agreement.

Last suggestion for you that don't be influenced with any person who represent himself to be law pundit to file this matter before consumer court for quicker relief as you are not under the definition of 'CONSUMER'.

For further clarification and advice/ suggestions in details, you can contact me.

Regards,
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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