If the buyer cannot pay the full amount within the agreed time period written on bayana contract (and verbal extensions), what options does the seller have before force forfeiting the bayani?
Does the seller need to give legal notice to the buyer or can he sell the property to someone else without any other contract? Can the buyer create issues in the future?
Bayana is the practice in the market. We have experience, where the buyer was unable to made his commitment and the seller confiscated the bayana. To be on the safe side, you can send a signed letter to the seller through a registered post, to the buyer to follow his commitment and give the money to u, within a week or u r selling the plot. U have this right to sell and confiscate the plot as per the market conditions.
Reagrds, Aftab
Thank you
Be careful if he gets a stay order you will get struck for a year.
Obviously he should not as he is in breach of terms but he can.
Give him some more time to arrange money because sometimes it’s possible other person is stuck in real issues, if still he is not able to arrange money then u can keep bayana with you.
This problem occurs when market is not good.
First of all you can check after meeting with buyer is he genuinely in process to arranging balance amount of money then you will realise he is or he is not.
Give him some time and mean while hire lawyer to give him notice.
let the court decide other wise you will be victim of stay on your plot.
Best is work in oral zaban . And payment in one go.