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agreement of sale agreement of sale

1 month ago

i sold my property to one of property dealer and they paid me advance amount 35% of total land cost and we both signed an agreement on 100 rs stamp by which they would pay balance amount within one month,

but even after one month they did not pay me the balance payment making new exuses each time.

now i told them not to sale my property as did not follow the agreement and the cause of selling my property is of no use for me.

now they are forcing me not to cancel this agreement and sale the property to them.

they are threating me to occupy the land and would not allow me to sell the same to anyone else.

i am helpless what should i do??

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Immediately get issue a legal notice terminating such agreement as other side violated by not paying the balance amount. Further, inform them that the advance paid is forfeited and you are not suppose to return the same. In the meanwhile file permanent injunction suit and protect the possession.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 month ago

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A.Dear Client,
Firstly, you need to send a legal notice to the dealer and demand them to terminate the contract for their unfair trade practice. In case of inaction, you can either file a consumer complaint before the District Consumer Forum or pursue a civil suit for recovery of the money. Further, in case of cheating and threatening, you can lodge a criminal complaint against the person and escalate the matter to the Court. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the given scenario, you need to serve a strong legal notice to the property dealer/broker demanding the balance consideration money as per the terms of the agreement within 15 days of receipt of the legal notice failing which, the agreement to sell shall be cancelled on the ground of breach of contract/agreement forfeiting the amount remitted as advance, (provided if any term alike exists in the agreement). A defaulter of an agreement or contract can neither claim the specific performance of a contract or agreement nor seek any order of injunction from a court over the suit property even through litigation before the Court. Get in touch with an experienced property lawyer with the agreement to sell and other relevant papers who on perusal of the contents of the agreement can suggest you right course of action in the matter. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

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