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Author Topic: Property owner refusing and asking for cancellation after 9 months  (Read 706 times)

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Offline amitsamantaray

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I have bought one flat in last October. Flat was a Land owner share and Land Owner made agreement to sell to Mr. X. Due to some personal issue Mr. X was selling the property to me through HDFC Reality. So they have issued Nomination Agreement and Agreement of Sale and even Land Owner issued NOC for the same. Property cost was 50 Lacs and I have made upfront payment of 24 Lacs.

All agreement documents are with M/s HDFC Ltd.

Now Mr. X is refusing to sell the property and asking HDFC Reality to cancel this transaction. Could you please advise, how i can get the property?

Offline rajgopal sripathi

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Re: Property owner refusing and asking for cancellation after 9 months
« Reply #1 on: July 18, 2016, 07:37:02 PM »

Since the Nomination agreement, Agreement of sale are already in place through HDFC realty and also given that Mr.X has given his NOC  to HDFC, you should ask HDFC to go ahead and complete the process of registration/handover of possession(whichever is pending).

Mr.X cannot withdraw his NOC at his own whims and fancies.

Issue Legal notices to Mr. X for performance of pending part of contract failing which You or HDFC realty can approach the courts for Performance of contract under Specific Relief Act.

No Worries.
Rajgopal Sripathi

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Re: Property owner refusing and asking for cancellation after 9 months
« Reply #1 on: July 18, 2016, 07:37:02 PM »


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