Can anyone help me with some legal advise on property sale thru contacts?

Question

I have a coconut farm of two acres area since 1991. The rectangular property is located in India. It has a path measuring one meter width passing through its centre through which the general public also travels as it is left open and without a fence.

Lately I have entered into an agreement with a buyer to sell off the property for which a contract was signed and I have received some advance money from the buyer and a rate of sale was agreed upon.

Now the buyer wants me to have the path shifted to the side of the property. Else he is threatening of taking me to court. The shift of path to the sides was not at all mentioned in the contract. When I discussed with the people using the path to have it moved to the sides of the property they were willing provided I give them a road having a width of 3meteres. Iam in a situation where I don’t know what to do. Can anyone please help me with some legal advise?

Answer 1

Your saying that "The shift of path to the sides was not at all mentioned in the contract." is a saviour for you (on the face of it) provided nothing else is mentioned to the contrary in the contract anywhere else.

I suggest that you should have the full contract vetted from a law expert and have his legal opinion in writing. Having gone through the full contract, the expert would also be in position to tell you your legal rights binding the buyer in any court of law in India, and may be possible legal escapes and other remedies available to you.

Answer 2

I don't know the laws in India, but in the USA if something is not written into the contract, it does not have to be done. Since there was nothing in your contract about moving the path, I would tell the buyer that he can move it himself after the sale is final. You are under no obligation to move it.

Let him take you to court. Depending on your laws, you may be able to sue him for "Breech of Contract" if he does not buy the propert per the contract.