Contract and deal between father & daugther
John
(Querist) 24 May 2012
This query is : Resolved
We (Myself & wife) had a formal contract (Esar Pavti) with father-in-law for purchasing house at the time of contract we paid 5 lakh rupees Cash (Oct-2008) to Father-In-Law, after that he demanded timely manner money as shown by urgency. Due to close relation we paid the entire amount to Father-In-Law.
Taking undue advantage he always delayed registry, now as today cost house increased and he is demanding now more money as per today rate of house.
1. Agreement is valid ?
(In the agreement we have pay entire amount with span of 3 month’s
But luckily there no condition of cancelation of agreement is there.)
2. How we can claim remaining amount as we paid?
3. What will be they conscious if we appear in court of law? (Court will consider we paid remaining amount as daughter paid money to father without any documentary proof ? )
4. We already issued a notice to father-in-law as he is trying to sale said property to the other people.
5. He replied back as contract is fictional and fabricated.
How should we deal with this problem… can someone please help.
Nadeem Qureshi
(Expert) 25 May 2012
Dear Querist
you can file a suit under specific performance act against your FIL.
Feel free to call
Nadeem Qureshi
(Expert) 25 May 2012
Dear Querist
you can file a suit under specific performance act against your FIL.
Feel free to call
Chanchal Nag Chowdhury
(Expert) 25 May 2012
1.YES.
2.U can go in for Specific Performance of contract.
3.U may have trouble on this score if U have paid in cash without Receipt.
4.File a suit for Specific Performance of contract & pray for injunction.
5.Does not hold good.
Shonee Kapoor
(Expert) 28 May 2012
Agreed with expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
