Query regarding resale flat: sale agreement and sale deed
2 years ago
I did the sale agreement for resale flat in Feb/20 , I transferred token money, down payment around 13L and closed there ongoing loan of 20Lakh in feb/20 only. For sale deed only 7 lakh was pending to be paid. After that due to covid situation sale deed got delayed and old owner stayed in that house for next 8 months for free nor even paid property tax. Now when I am asking to pay only the relaxation old owner got on interest after me paying for his loan amount and due to which old owner was able to close loan account. And i was paying loan interest on that cheque amount due to which his loan got closed. So, I am asking only for the interest I paid on 20L in that tenure to the bank , not even asking for extra 13L i paid from savings . Old owner is denying to pay... I spent 33L and old owner had only 7L pending, they occupied the flat on that basis and used it.... now old owner is not willing to pay anything for that 8months tenure... what is the legal views on this ?
You can get issue a legal notice and settle the matter.
Nishant Singh
Responded 2 years ago
Yes, you can approach the civil court for recovery of your claims but its costly and time taking event. It's better that you can file the Pre-Litigation application before the Mediation and Conciliation centers at court and settle the dispute amicably.
Thanks with regards
Nishant Singh (Adv)
New Delhi
Ankur Goel @ Complete Law Shield
Responded 2 years ago
query-regarding-8-months-gap-between-sale-agreement-and-sale-deed
He shud pay for 8 months
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The owner is obligated to pay you for the 8 months that he enjoyed the property even when you had the ownership conferred on you by way of a new sale deed. To resolve your claims, you may go to a civil court to demand the rightful sum that he owes you along with the incurred interest.
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You are liable to be compensated by the owner for the 8 months that he enjoyed the property. You can approach the civil court to get your claims settled.
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