Legal Question in Real Estate Law in India

hello sirs, S made an agreement to sell his property to B for rs.60 lakh and received 10 lakh advance on 03/03/2011 agreed time 3 months, after that agreement stands invalid if B fails to pay balance money and finish the deal with in the agreed period he would lose the advance money and if S refused to accept the balance money and finish the deal, B has to go to court and pay the balance amount and get the property registered. and after 5 months of time no regn. performed. S returned 10 lakh advance money to B. then B gave S color xerox of agreement instead of original. cheated S. after that no communication served between them. after more than one year. now B occupied the property and by giving some money to tenant, blocked S to enter the building and filed a case for regn. in dec 2012 by deducting the money paid to tenant from balance of 50L. now what would S do? not interested in deal. wants to occupy his property. is it possible to forfeit the advance? color xexox is evidence


Asked on 3/06/13, 2:05 am

4 Answers from Attorneys
uttam Tibrewal

dear client....

yes he can do so and being the owner of the property he shall always be the owner... For this matter need to go through the agreement and all other details so that better details can be made... if you need better suggestion in regards contact me at [email protected]

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Answered on 3/06/13, 3:31 am
Jayesh Desai Jayesh Desai

You need to file a Civil Suit seeking declaration of his ownership and cancellation of agreement & seeking possession.

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Answered on 3/08/13, 2:10 am
Shrichand Nahar S.V.Nahar, Advocate

Approach court with appropriate suit.

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Answered on 10/07/13, 2:35 am


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