Refund of byana
ritesh
(Querist) 31 January 2014
This query is : Resolved
Sir,
I enterd into a notorised agreement to sell my CGHS flat , against a advance payment of 13 lacs ( 8 by cheque & 5 by cash). The 2nd installment was due on 25 Nov-"13 , & full & final by 5-01-14. However , the purchaser requested ( verbally ) for a re-structuring of payments , by giving part payment on 2o/12/13 , then again ,to be done on 21/1/14. On this payment(21/1/14), he again faulterd , and assured ( verbally) , to make the payment on 25/1/14. , and for balance payments gave me 2 post dated cheques for 31/3/14 @ 7/4/14 for the balance FULL & FINAL payments. However , evn he has not made payment ( till date ), of the installment due on 25/1/14 , instead sent me an SMS that he is un-able to make payments & the agreement should be treated as cancelled & I should return him the BYANA of 13 lac & 1 installment . I have invested the amount by way of booking another property . Kindly advise , what are MY rights , my existing property which I was selling to him is a SELF-DRAW CGHS flat , & the regularization is in process , he is aware of this , that is why , he was prepared to buy at rock bottom price from me , knowing that the price after regularization would be at least worth over 40 lacs more, than what he was buying for.
Kumar Doab
(Expert) 31 January 2014
Another thread is at:
http://www.lawyersclubindia.com/experts/Return-of-bayana-450856.asp#.UuvMB0eBmXU
