Pagdi shop sold to a 3rd party
Querist :
Anonymous
(Querist) 06 September 2011
This query is : Resolved
Dear Experts
I had a shop (Pagdi System) in Bombay of which i have been an occupant for last 38 years.
In 2008 I went into a deal with a buyer, for a sum of INR 2.2 Million, of which it was agreed that he would pay me INR 1 Million as the first installment and the balance INR 1.2million would be paid to me in due course.
It was mutually agree that the transfer of receipt would be born by the new occupant.
I received an initial payment of INR 7 Lacs from the new occupant, on a mutual trust i handed him the shop keys. He occupied my shop and there after he defaulted me for the balance amount of 5 Lakhs, asking time to pay me in full.
However that never happened, in 2011 he went in to a deal with another buyer and sold of the shop to him at INR 3.5Million. It is to my knowledge that the Landlord & 1 st buyer had a nexus in getting me out on dubious deal and sold the shop to the new buyer. I got to know they have even sold the shop & transferred the to the new buyer.
I approached the local police station and they said the new buyer has all the valid documents and dint took any complaints against the 1st buyer.
I m totally confused as what action should i take as my Landlord has not informed me nor seeked any NOC from me before transferring by tenancy rights to a new buyer.
How should i approach this case, i need a genuine advise.
ajay sethi
(Expert) 06 September 2011
1)were the terms of agreement entered into between you and 1st buyer reduced in writing?
2)was payment made by cash or cheque
3) you have handed over the posession of premises even before full payment was made . was rent receipt transferred by landlord in name of 1st buyer . ?
if terms were not reduced in writing and rent receipt transferred by landlord in favour of 1st buyer as per your instructions you dont have the case .
Querist :
Anonymous
(Querist) 06 September 2011
Answer to you question,
1. Term of Agreement was reduced in writing but never handed to the 1st buyer till the payment was made in full, and i have not signed a single document till date in the whole transaction which could allow the landlord to transfer receipts.
2. Initial payment received in cash for a sum of 4 lakhs and balance he paid by DD amount of INR 1.75 lacs. I received a cheque of INR 4.25Lakh which was eventually defaulted.
3. Yes that was on a trust i did, it was my big mistake. The rent receipt was never transferred by the landlord in the name of 1st buyer. I have never approached the landlord for any transfer of receipts.
However i got to know there was a nexus between the two in the whole deal and the 1st buyer used his clout with the landlord to get it directly transferred to the 2nd buyer.
I tried getting in touch of the landlord, for past 3 months, but he is avoiding to meet me.
Also I would like to know if the landlords action is legal, can a landlord transfer the rent receipt without notifying the actual tenants.
Raj Kumar Makkad
(Expert) 06 September 2011
I think, you have even not initiated criminal proceeding against tour buyer while cheque was issued.
You are one of most lethargic persons. Why did you not sought this legal advice when you were going to proceed the sale of your shop? Why didn't you bother to ask even at that time?
You kept sleeping on the unfortunate day when you handed over your shop against the meager payment?
Anyway, if you have document of your continuous tenancy even on day, file a civil suit seeking declaration of the entire proceeding s null and void and also file a criminal cse under section 420 IPC against your landlord, first and subsequent buyer.
ajay sethi
(Expert) 06 September 2011
was the agreement duly stamped and regsitered?
Querist :
Anonymous
(Querist) 06 September 2011
@Ajay - No Sir, it was just made on an stamp paper by the 1st buyer, which i eventually got to know was null and void in such a transaction.
I also got to know, that all financial deals related to properties have to be registered and a stamp duty has to be paid for the transaction, which was not done in our deal.
Querist :
Anonymous
(Querist) 06 September 2011
Dear Mr. Makkad,
Thanks for the advise,but i was taken on a foolish ride by a lawyer whom i approached to take action on the whole issue. It appeared the lawyer whom i engaged meant only monetary gains and did not advise me of right actions.
Beside i m a diabetic senior citizen with a handicap son at home to look after, which made things very difficult for me.
i will really appreciate both you gentlemen word of advise for my future course of action.
Please advise the corrective steps to be taken in my case.
ajay sethi
(Expert) 06 September 2011
if you have received cheque of rs 4.25 lakhs which was dishonoured you can file summary suit for recovery of said amount .
as far as stamp duty on documents is concerned you can have document adjudicated and pay the stamp duty .
file criminal complaint against landlord and buyer it will put pressure on them to resolve issue
prabhakar singh
(Expert) 06 September 2011
As you state"I received a cheque of INR 4.25Lakh which was eventually defaulted."hence i want to know the date the cheque gone bounced to cheque any action on basis there of is possible or not??
