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Author Topic: Legal Advice on Agreement to Sale  (Read 1267 times)

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Offline manoj150283

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Legal Advice on Agreement to Sale
« on: September 20, 2015, 12:42:35 AM »
Dear Members,

I signed an Agreement to Sale of Property (Floors) on 3rd of September 2015 to buy a property. According to ATS, I had to pay full payment and get the registry done by 20th September 2015 which falls on Sunday. I have taken loan on this property which is sanctioned and disbursed also. On 18th September we (both Me and Seller) went to Registrar office to get property registered with Band personnel carrying Cheque for Balance amount. We marked our presence in the registrar office and taken our appointment to get the sale deed registered. But somehow due to legal deficiency in the stamp paper purchased. Since the property was going to get registered in the name of me and my wife, sale deed writer purchased the stamp paper as per 6% of total cost of property but by mistake my sale deed writer didn't realised that the property going to get registered was Floors. So stamp paper should have been purchased as per 7% of total cost. Due to his deficiency property didn't get registered on 18th September 2015 and is now supposed to be register on 21st September 2015 (Monday). On 19th September 2015, I rectified the deficiency by buying challan for extra 1%. Since Registrar office remain closed on Saturday and Sunday, it is now impossible to get the property registered by 20th September 2015. Although the sale deed was not registered on 18th September 2015, seller signed the Sale deed and other documents on 18th September 2015.

Today, 20th September 2015, I received a mail from Seller stating that since the Sale deed didn't get registered by 20th September 2015 and she didn't received the balance amount from bank, contract is ended and the amount which I paid to her is forfeited.

Please advice whether legally can she do like this ? I was unable to get the sale deed registered due to deficiency in stamp duty amount and since 19th and 20th being Saturday and Sunday, I am unable to get the same registered. Can't she legally bound to come on Monday and to be present in Registrar Office to get the sale deed registered.

Please advice. Its urgent.

Offline Advocate M.Bhadra

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Re: Legal Advice on Agreement to Sale
« Reply #1 on: September 20, 2015, 05:35:03 AM »
She is legally bound to complete the registration, failing which you can file a case in Consumer Forum for deficiency of service or you can file suit for specific performance of contract in Civil Court. But best option is go to consumer Forum.

M.Bhadra,advocate at Kolkata,9836589246

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