Anonymous
Asked November 21, 2016

Refusal to honour Agreement to sell

  • 2 Answers
  • 847 Views

Dear Sir, I have banakhat of flat 20 lakhs. I paid 50% amount and asked other amount get paid in installations before 2 years ago. we agreed on banakhat that he will release properly to me with documentation charge. I have paid 80% of agreed amount till date. Now I came to know vendor has taken loan on property after completing banakhat with me. I ask him to remove loan and pay my 20% to release me flat. He is refusing me to do that. Techniacally he is breaking banakhat which says he needs to release property once I pay 100%. Can I go to Police station and register FIR against him as he has cheated me by taking loan after banakhat. ? Can I go to bank and made complain who has authorized loan to him without checking my banakhat ? How can I take control on his flat ? Please guide me. I am totally confused.

Answers 2

Yes you may approach the bank with an application and complaint, subsequent to which the bank may take corrective actions. However, to speed up the process, you can file a police complaint against the vendor under S. 415[1] and S. 420[2] of the Indian Penal Code, 1860 for cheating.

You may also approach the court for specific performance of the contract (Banakhat) under S. 10 of the Specific Relief Act, 1963[3]; if the FIR doesn’t help you receive the property without any liabilities attached whatsoever.

 

 

 

 

 

[1] Available at: https://indiankanoon.org/doc/1306824/

[2] Available at: https://indiankanoon.org/doc/1436241/

[3] Available at: https://indiankanoon.org/doc/1805300/

Agree Comment 0 Agrees almost 4 years ago

You have not mentioned whether Banakhat was registered?  

Agree Comment 0 Agrees almost 4 years ago

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