Legal Question in Real Estate Law in India

To

Honorable Lawers

I am 58 years old widow lady,

One year back I had sold a Joint property ,

The sold property was purchased by me and one lady ( partner of the property).

My partner had created encumbrence in the joint property.

Due to the encumbrance made by my partner, to safe gaurd my share, i filled a partition suit in the court to seperate my share.

Mean while a broker and a party ( BUYER's SON IN LAW) , who are well known to my partner approached me and insisted to sell my half share,

Also they insisted me to withdraw the partition suit

I clearly said that case can be with drawn only after sale /registration or after sale agreement

But the broker and buyer did not accept my terms and also they are not willing to enter the sale agreement

The broker and buyer are ready for direct registration

also buyer said that if the case was not withdrawn before registration he will hold a part payment in my share .

As the ia am not convinenced and satisfied for rate offered to me, and due to the un usuall conditions of holding the part payment in my share, raised by the buyer and broker, i refused and rejected the sale

Mean while both the buyer and broker called me for sale, and also threttened that they will not allow to sell the land to others

at one stage due to thrir continous torcher, i agreed for sale with half minded

The buyer executed a deed in 20 Rs stamp paper for the hold of balance payment,( Please note that the deed was not registred ) she assured that the balance payment will be returned immediatly after submitting the court order for case with drawn, the registration was done with out full settlement to me

I had collected the above said with drawn certificate from court before 4 months, and submitted to the buyerand seeked the balance payment.

Now she refuses to settle the balance amount

I request the honorable lawers to advice me the procedure to collect the balance payment from the buyer

Rajamani


Asked on 4/23/11, 6:52 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

You can file a criminal compliant for cheating u/s 420. Civil remedy is to file a money suit for release of the balance sale consideration.

however, there may be other strategical view point, for which need to look into the agreement, sale registration deed, court orders etc.

Can contact me.

Vivek N Mapara

Advocate

9426482371

Read more
Answered on 4/27/11, 10:29 am


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