Legal Question in Real Estate Law in India
That i made an agreement with one for purchase of DDA flats in Vasantkunj but after paying the advance i came to know that the said premises is still in the name of other person and in agreement he certify that he is absolute owner and in possesion of free hold dda flats. On the cost of agreement i have paid him 19% of total amount. He also agreed in the agreement that he has paid the dobule amount of advance if he failed to delievered the possession in the presecribed time.
In the meantime he made an addendum which signed by my friends wife (purchases of the flat) in which he made followings terms.
That the owner of flats if unable to execute the sale deed in favour of first party or his nominee then he will be liable to pay double of the said advance amount to my friends wife( Purchaser of the flats).
He also made some cutting in the documents by pen and change the dates and amount of imutation papers in the addendum and also not provide the witness signature from his side.
Now he threats me to make a case in court or filled a joint civil suit against the owner of said flats, i am not pay a single penny to you. Being a govt employee she is not in a position to fight him.
May I reqeust to kindly guide me what can i do ?
2 Answers from Attorneys
The agreement as originally executed , there was a clear misrepresentation by the seller to the effect that he was the owner in possession of the property . However, by the subsequent addendum the seller the seller made it clear that he had agreed to purchase the said property from somebody else and that he would transfer the same by sale in your favour only incase the sale in his favour materialises it.The seller , as per agreement , had agreed to return the double the amount of what you had paid to you incase the seller was unable to deliver possession to you and to complete the sale in your favour within the stipulated time. Now that your seller is in dispute with the original owner and wants to start litigation against him , you have right to ask him to refund your money in the manner agreed to and if he does'nt pay you can file a suit for recovery against him.
as the person who sold you the flat, was originally not an owner of the said flat, it is a clear case of fraud and forgery. you can also file a suit for recovering along with the punitive action.
Related Questions & Answers
-
How to become an associate member of a housing society Asked 2/10/11, 10:31 pm in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
