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Bala (Software Engineer)     13 July 2011

Agreement to sell

 I made an agreement to sell wherein I am a buyer with a seller X and at that point he was having MOU from the original owner to sell. Since bank wanted him to have power to sell later he got the power and again one more agreement to sell was executed. Now the second agreement done is with the seller wherein the first agreement made is with me. Now we had a conflict and the agreement period is expired which was 3 months, seller is delaying in giving my money back. I have the original of the first agreement and xerox of the second. Please let me know on how to get the money back ? is my first agreement not valid if I take it to court ?. I have details of all the payments made. He just have the second agreement and I have the first agreement, now he has made a third agreement with another party to sell.  Now is it possible to block the registration and get my money back, seller is asking me to pay interest. Please please help me I am out of options and the amount with the seller is 24L .



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 July 2011

In the given case suit for recovery is the only remedy and you can move application under order 38 rule 5 of cpc seeking restrainment to dispose off the suit property till the disposal of the suit.

Shradha (Student)     14 July 2011

In case a residential property belong to X,Y & Z wherein X & Y are expired. The said property (share certificate of society) will get transferred in the name of legal heirs of X&Y.

Queries:

1. Can the legal heirs of X&Y sell the property within 1 year of transfer of share certificate, with consent of Z in it?

2. Can legal heirs of X & Y sell the property without transferring the property in their name to the buyer directly?

 

There is no will involved.

Bharatkumar (ADVOCATE )     14 July 2011

"X" AND "Y" sell their property after their name transfer in share certificate.

"X" and  "Y" sell only their part to the buyer but i think necessary of consent of "Z" for sell the property.


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