Agreement with Two Persons

Querist : Anonymous (Querist) 11 April 2010 This query is : Resolved
Dear Sir:
I have a notorized MOU ( Memorandum Of Understanding) executed on a Rs:-100 stamp paper to purchase a plot by the Vendor for and amount of Rs:-1,50,000,00?-. I have paid Rs:- 30,000,00/- towards the ernest money upon the execution of the said MOU to the Vendor... Lately i found out after newspaper publication that the same Vendor had already signed another agreement prior to mine with third party for the sale of the same plot.

Please advice me how to take legal relief to secure the plot and my money which is Rs:-30,000,00/-... Is my money safe????

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Parthasarathi Loganathan (Expert) 11 April 2010
Your EMD is absolutely safe.

Raj Kumar Makkad (Expert) 11 April 2010
One thing is clear. The vendor has cheated you with his open intention to take such huge money from you. He has done this despite of his already executed agreement for sale of the sale plot in favour of some other person so how can one say that your EM is safe?

I suggest you to obtain some evidence of his already signing a contract of sale and then file a FIR against him under section 420 IPC and also file a civil suit for recovery of your money.

Suryanarayana Tangirala (Expert) 11 April 2010
Yeah go for criminal remedy as Rajkumar sir opined,a civil litigation to recover can be initiated a later point before expiry of limitation period if need arises keep it as a second option as u have to pay court fee too for civil suit u r problem should be resolved by filing a criminal case under S.420 OF I.P.C

bhagwat patil (Expert) 12 April 2010
First of all you creat a charge of rs 3000000/- on property in ROR.Once the charge is created the third party who is going to purchase the plot will autmatically come to you and make the propperty chargefree.u may call 9422773303

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