Breach of contract
manoj r. dubey
(Querist) 29 June 2014
This query is : Resolved
my client had shown his willingness to buy a house in malad and after going through the papers which was in the name of the father who expired and leaving behind was mother and 2 daughters. my client showed his willingness and a consideration of Rs. 15,50,000/- was decided for that property. An advance payment of Rs. 3,50,000/- was made to the daughter who where by made an agreement of part payment and gave a receipt of Rs.3,50,000/- to us and remaining money was decided to be paid within one months.
but now she (seller) is not willing to sell the house and also refusing to give the advance money back.......
plz help me with the remedy and is it right to file a suit for specific performance of contract and if yes than what will be the court fee.
PLEASE NOTE THAT THE PART PAYMENT AGREEMENT WAS ENTERED WITH THE DAUGHTER HAS SHE WAS SAYING THAT HER MOTHER IS MENTAL.....
Sudhir Kumar, Advocate
(Expert) 30 June 2014
civil suit is clearly made out, depending upon the language of agreement.
it appears that perhaps your client has been made to part with advance making him to believe that the recipient is absolute owner of the property whereas the recipient is part owner and not capable to passs good title. read section 415 IPC with reference to full facts of the case known to you.
Rajendra K Goyal
(Expert) 30 June 2014
Civil and criminal action can be taken. consult local lawyer and show him the language of the agreement.
ajay sethi
(Expert) 30 June 2014
issue legal notice to daughter to return the advance payment as she is refusing to sell the house . also file complaint of cheating , criminal breach of trust against the daughter
R.K Nanda
(Expert) 30 June 2014
no more to add.
R.K Nanda
(Expert) 30 June 2014
no more to add.
Thyagarajan
(Expert) 02 July 2014
Your client had paid money in haste without getting to know who and who inherited the property on the death of the owner.
Give your story to local police; insist the daughter's action amounts to cheating punishable under sec 420 of IPC.
