Property dispute after agreement expired
3 years ago
Seller(me) has entered into an agreement with buyer but in the name of signing agreement the buyer has not returned the signed original agreement. We took the format from lawyer who has made agreement for our reference as we had no signed copy which says it expired on 8th nov and took the keys of flat and kept tenant without my knowledge. Our flat is on home loan and buyer agreed to get the loan sanctioned on the property from sbi to hdfc post which we will transfer the registry. He asked for LOD (List of documents) from us on 30 th Oct and agreement was expiring on 8th Nov. It takes 15 days anyways for lod. Now even a month after agreement expiry he is blaming us that because of lod documents missing he could not give us amount and police also supporting him.
I don't want to sale my flat now but he is forcing me and police also supporting him
My questions
Can lod documents be a basis which he can claim to be my fault
Will sending a legal notice help?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the registration is not yet complete you are the owner of the flat. You can send him a legal notice and ask for the cancellation of the sale agreement as per the conditions signed by both the parties in the original agreement.
Since the registration is not yet complete you are the owner of the flat. You can send him a legal notice and ask for the cancellation of the sale agreement as per the conditions signed by both the parties in the original agreement.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
you are still owner until registry is completed.
you not only send legal notice but also file case of eviction or forced possession.
if agreement expired then you take back your house as per terms and conditions,
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Srinivasa Prasad
Responded 3 years ago
Yes, you can send notice to the buyer.
Make sure that, the same is in line with the Agreement entered with him and preferably get it issued through your Advocate who prepared the Agreement.
Further, he cannot let out the property without getting title of the same in his favor, subject to terms of the agreement.
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