• Land issue

I have purchased a land and constructed a house over the place, for that i approched a bank for financial assistance, but i couldnt pay the instalments in time, for which the bank went for auction, for a period my friend assist for an nominal amount for which the bank give us a time by cancelling the auction. At that time i agreed register the said property in my friend name, and he agreed for paying the remaining amount, but now he is not willing to give the remaining amount instead he forcing me to pay back the amount with interest. can i get relief from the court of law.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1)was agreement between you and your friend reduced to writing

2)if your friend is not willing to pay remaining amount as per agreement you can file suit for specific performance

3) you are not bound to refund money paid by friend with interest

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

At that time i agreed register the said property in my friend name, and he agreed for paying the remaining amount, but now he is not willing to give the remaining amount instead he forcing me to pay back the amount with interest. can i get relief from the court of law.

Whether there is any registered sale agreement between you both?

If ther is any agreement, you may issue a legal notice to him expressing your willingness and readiness to perform yor part of contract and ask him to inform date and time to to get the property registered on his name at his expenses, or else you may inform that you will deduct certain amount and refund the balance as per agreement.

Out of subject, it would be better you settle his amount by selling this property to a third party at a better price instead of having a stretched legal battles.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

can i get a justice from court of law, by register the said land in his name by reciving the remaining amount.

As a buyer he only has to initiate the legal proceedings to enforce the agreement, you can refund the booking or advance amount if he is not willing to go ahead with the sale deed.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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