Hemang Ladani (Service) (34 Points)
01 December 2010Dear all,
mumbai based one of my client has sold his flat verbally in 20th july and agreement registered on 15th oct, unfortunately he has not mentioned any payments schedule of agreed price in the agreement for sale of flat.
now 45 days laps....party is taking time by arguing loan proceeding........
anyone would you guide to take step
thnx
Devendra
(Chartered Accountant)
(4775 Points)
Replied 01 December 2010
Hi Hemag,
1) A written agreement is always advisable in such cases, it should be drafted so that there is a proof of such contract and which can be used as a proof in the Court of Law. The selling party should properly draft the clauses of the agreement in presence of the buying party and the witness (Advocate).
2) Oral conversations don't have any legality or proof as compared to an agreement or a contract.
3) In your case, the actual date of payment is not mentioned in the agreement, thus the party may take the advantage of this point and may delay the payment.
Regards,
Devendra P Kulkarni
madhura
(director)
(32 Points)
Replied 16 February 2011
i have my own co-operatve society in maharashtra.our former secretery had purchased a room of 170sq ft in MHADA scheme,by an agreement we had already paid him full amount,but he did not produce us a noc for registry.
Actually , that agreement was been made in 1997 on 20 RS stamp paper.but unfortunatrely we did not notary or registered that agreement.and now when we approach him he said he will never registered us that room.but the possession of that room is still under are organisation.so pls kindly suggest me what should i do in this case.In our case the seller had commited us that he will produce us a NOC for registration but till now he didnt even apply for it.so pls kindly do pay attention on my humble request and pls help me.
CAclubindia
