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Property seller not executing sale deed after expiry of timeline set out

Shivendra Pratap Singh

Advocate

16/03/2022

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Question: As part of property agreement, seller was liable to execute sale deed by Jan 31, 2022, however he went mid-way on Jan 22, 2022 to US. Property seller not executing sale deed after expiry of timeline set out. He sought a month extension over email as he is unavailable to sign in India. Today, we asked for his final date of arrival, to which he is refusing to provide. Perhaps he is suggesting to give PoA to his son in India and get the deal signed. Unfortunately, a loan disbursement cheque was ready in his name on Jan 27, 2022.  

We want the seller to directly come to India and sign the deal instead of going through the PoA route, but he is refusing to suggest an accurate timeline of his return. 40% payment done, ATS expired on Jan 31, 2022 (and he is not even available to sign refreshed ATS) Please suggest legal remedies and I am more curious to understand the resolution timeline if going by court of law.

Asked from: Haryana

No need to compel the seller to personally appear and execute sale deed. You should not object if he has granted a power of attorney and empowered his attorney to execute the sale deed on his behalf. This is a legally acceptable process if the actual seller is not in position to personally execute the sale deed. Registration of property through POA is legal.

When a person especially empowered by the power of attorney is present and ready to execute the sale deed. Then you cannot say that the property seller is not executing the sale deed after the expiry of the timeline set out. Actually you are obstructing the process of execution of the sale deed.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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