Refusal to honour Agreement to sell
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.
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 and S. 420 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; if the FIR doesn’t help you receive the property without any liabilities attached whatsoever.
 Available at: https://indiankanoon.org/doc/1306824/
 Available at: https://indiankanoon.org/doc/1436241/
 Available at: https://indiankanoon.org/doc/1805300/
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