I have purchased a resale flat in Kolkata, which is a resale flat and the sale agreement has been signed by both the parties. I would like the registry of the flat to be completed by 4th Dec, but the seller is not agreeing to the date (which is within 3 months of the sale of agreement). 1. What can I do if the seller is not agreeing to my proposed date of registration? 2. Can a seller govern the date of registration at his own discretion ?
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1. Appointment Date for Registration of Sale Deed has to be determined with mutual consent of both the parties. Unilateral decision of one party for delay /refusal is breach of contract terms.
2. You are advised to adjust amicably with the seller party for registration, more so specifically since raising any legal dispute or litigation on the same shall prove to be legally very expensive.
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- As per law, both the parties are bond with the contents/clauses mentioned in the sale agreement , which already executed between you both.
- Hence, the seller cannot refuse to register the sale deed in your favour within the period mentioned in the sale agreement.
- Since, the said seller not coming forward to executing the sale deed , then you can send a legal notice to him for performing the agreement and to execute sale deed in your favour.
What are terms and conditions of agreement for sale ?
what was clause regarding execution of sale deed kindly clarify
The clause is to get the property registered within 3 months of the sale agreement. (20th Oct'20) My home loan will be approved by tomorrow, but the seller is not agreeing to the date of 4th Dec'20, and he is quoting that he has 3 months, and he can extend the registration date till Jan'21
Seller is correct
registration can be done till 21 st January
you cannot force seller to execute registered sale deed at earlier stage
- The seller cannot extend the registration date without taking your consent in written , and is bond to comply the terms of the agreement.
1. First of all the vendor has to agree for executing the registered sale deed within the agreed period as per sale agreement, if he is not cooperating to sell the property within the time stipulated in the registered sale agreement, then you may issue a legal notice expressing your willingness to perform yor part of contract and advise him to execute a registered sale deed in your favor on a working day within the time stipulated in the registered sale agreement by accepting the balance of sale consideration amount.
If he is not responding or complying with the demands made, you may approach court of law with a suit for specific performance of contract seeking directions to the vendor to execute the sale deed failing which the court may execute the sale deed directly in your favor.
2. The seller may try to do all such gimmicks, hence you were advised to initiate proper legal action as per law on the lines of the above paragraph.
If the deadline is beyond the date of your readiness to get the sale deed executed in your favor, then you cannot put pressure on the seller and instruct him to get the sale deed registered on the time stipulate by you.
If he is not cooperating for registering the sale deed on the time scheduled in the sale agreement and if it is delayed beyond the time stipulated in the sale agreement, then you can initiate proper legal action as per law as advised in my previous post.
Dear Client,
You may file a case for Specific Performance to get the registration done through court.
It is all OK as per the terms of agreement.
Make draft ready by this time.
Legal remedies are available if seller do not register the deed within the stipulated time period. Contact here then.
1. Send him legal notice seeking registration within the stipulated time.
2. No one can breach the terms of the sale agreement and if anyone does then option is to file a civil suit to implement the terms of the agreement.
1. You can either reschedule the date of registration or cancel the deal.
2. The date of registration shall have to be decided mutually.
1. He has no reason to refuse to register the sale agreement on 4.12.200 if he is available on that day.
2. This date of registration shall have to be decided mutually and there is no reason to extend the date of registration on the ground that it can be done later on till Jan'2021.
1. Since the sale deed is to be executed within 3 months of the agreement to sale the seller is bound to adhere to the timeline.
2. The date can be mutually extended by an endorsement on the sale agreement, but if there is no mutual extension then seller is bound to stick to the original time frame.
3. If he does not execute the sale deed within 3 months then serve a lawyer's notice to him and then you may file a suit for specific performance of the agreement.
