Legal Question in Real Estate Law in India
Agreement of Sale
We have entered into a Sale Agreement for purchase of a Flat.The owner is refusing to Sell us the house since the property value has gone up.He demands more money than what he has quoted in the Sale Agreement.The Agreement is made such that the registration of the House should happen in one month.That one month time is over and still the owner is not ready to give as the house.What rights we have on the house and Is it possible to take any leagal action on the owner with this Sale Agreement?
2 Answers from Attorneys
Re: Agreement of Sale
You certainly have the right to demand execution and registration of a sale deed.
You may file a suit for specific performance of the agreement in a court of appropriate jurisdiction for directions upon te owner to execute and register a sale deed, in default of which, requesting the court to do so through the court registrar.
Re: Agreement of Sale
You can file a Suit for specific Performance before the Competent court of Civil Jurisdiction, seeking for execution of the sale deed thru the process of the court in-lieu of which the Vendor has to refund the amount along with costs and damages. However, the terms of the sale agreement has to be scrutinised.
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