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Author Topic: regarding purchase of house  (Read 107 times)

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Offline Rameshwar roz

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regarding purchase of house
« on: January 17, 2018, 07:36:19 PM »
Madam /sir I agreed to purchase a house of 5 marla in fatehabad (hry). But actually house is built on 9marla. Owner has registry of 5marla only. The remaining is of kabbaza land. I have given him rs 6lac as token money by bank transfer. Now he refuse give money back. It's my humble request to help me. Please advice

Offline advjaibansal

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Re: regarding purchase of house
« Reply #1 on: January 18, 2018, 02:53:55 AM »
Dear Sir,

If you are interested in purchase the property then issue legal notice for specific performance and then file a suit for specific performance for executing the sale deed in your favour. 5 marla or 9 marla is another issue. You are interested in the land which is in the name of the person, Kabza land is not the dispute.

If you do not wish to purchase the land then issue legal notice for non performance on the part of the contract on his part to execute the sale deed and ask for the return of the money. File a suit for recovery.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: regarding purchase of house
« Reply #2 on: January 18, 2018, 05:11:00 AM »
Dear Sir,

A contract is an agreement upon sufficient consideration to do or not to do a particular act.
The party on whom this contractual obligation rests must not fails to discharge such
obligation. In case of his failure, the other party will have a right sue for performance of the
contract. This is called ‘Specific Performance’. Order of specific performance are granted
when damages are not an adequate remedy, and in some specific cases such as land sale.
Such orders are discretionary, as with all equitable remedies, so the availability of this
remedy will depend on whether it is appropriate in the circumstances of the case. Under
current law, courts grant specific performance when they perceive that damages will be
inadequate compensation. Specific performance is deemed an extraordinary remedy,
awarded at the court’s discretion .
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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