Legal Question in Civil Litigation in India

Hi

Recently, I have paid Rs. 4 lakh advance to purchase a flat in Bangalore. Since my foot got sprained during that time and seller (working in a reputed MNC) was one of my acquaintances, we did not go into formal Sale Agreement. But he sent me an email as Agreement to Sale which is pasted below. Also I transferred these 4 lakh through online banking (NEFT) for which I have received email from him acknowledging the same.

Now after economy has gone up, he is refusing to sell the flat as he is getting better offers.

Request you to please help me on this. Is sale agreement on email valid given that significant money has been transferred to the seller�s Bank account? Can I force seller to sell the flat or he can just escape returning my amount?

I am totally shattered after this incidence. Hope you will give me some way out of this as I don't want to go with legal proceedings if my case is not strong enough. But at the same time I would like to go to court for injunction (stay order) on the property if my case is strong. Please reply your valuable inputs so that I can meet you for further inputs.

Manoj

Email that seller sent to me as Agreement to Sale

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Hi Manoj,

As discussed today i.e. 20th July 2008 regarding selling of my flat to you which is

, I confirm that we both have agreed that I would be selling this property for an amount of , final (inclusive of everything like, car park, wardrobes, property tax as paid this year 2009, backup generator, curtain rods, bath room common fittings and taps etc ) of which 1 lakh rupees is what you have agreed to give me as advance towards the same through online transfer. Some of the items that are not inclusive are as follows: bathroom geysers, ceiling, exhaust as well as chimney fans, and all electrical fittings.

My account details are given below:

Account Number: 999999

Account Holder's Name:

Bank Name:

IFSC Code:

Branch:

Once you transfer, I will check with the bank and will confirm back to you regarding the receipt of the amount. Let me know if I have

Thanks


Asked on 10/02/09, 2:26 pm

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

The agreement says 1 lakh advance money, while you say it is 4 lakhs. Anyway it is a valid agreement. You issue lawyer notice to him asking him to accept the balance amount and execute the sale deed.

S.Seshadri

emails: [email protected]

[email protected]

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Answered on 10/03/09, 2:27 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the money was transferred to his bank account and you also have an email as a proof of the transaction, you may file a suit for specific performance of contract and ask the court to direct the other person to perform his part of the contract by selling you the flat at agreed price. is there any document or email where it is stated that the agreed price is this much. in case you do not have any document where the full consideration is mentioned, you can only file a suit for recovery of your four lacs.

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Answered on 10/03/09, 4:11 am


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