Property
pradeep chaudhary
(Querist) 11 October 2014
This query is : Resolved
DEAR SIRS
PLEASE GIVE ME SOLUTION I AM STUCK VERY BADLY IT IS LONG BUT PLEASE READ AND GIVE ME YOUR PRECIOUS ADVICE TO ME.
Sir I had sold 1 bhk flat before 8 months to one party. Till possession is not given to him because the flat is under construction.
Sir I have sold the flat for 15lacks but buyer wants to do the agreement for 18lacs and he had given me token money of Rs.50k only. So accordingly we had made one notary mentioning that actual flat cost is Rs.15lacs and we have shown 18lacs just for bank loan. Balance of Rs.2.5lacs has not given to me if any problem arises due to this in future buyer will be solely responsible for this and he will resolve the problem alone.
My buyer has applied the loan in one bank and has taken around 5 months and after that bank has rejected his application saying that he is vegetable seller and cant be pay the EMI properly.
He request me to give me time I will do application in other bank I said ok. Because he was saying that stamp duty and registration charges will be his loss. Second time he applied for another bank.
He got sanction of Rs.13.30 lacs, hence his contribution is short by Rs.1.70 lacs. So he had requested me to give one cash receipt of 50 thousand which actually I didn’t received. He had given me 70k cheque which is cleared in my account again he said that sir 50k I don’t have please help me I will pay you after some time I said ok. And I transfer the 50 k to my friend account and he has transferred the 50k in his account. Hence I had given him payment receipt of 1.70 lacs out of that I received only 70 thousand.
After someday I asked bank why there is delay in his loan disbursement and I shocked they said he done the fraud and given him colour Xerox copy of original agreement and after some time he has again submitted the original. I asked the buyer why u done this he said original copy was misplaced that’s way I made that.
Now he has made some arrangement with bank and they are saying that they will disburse the loan
I can’t do anything if I send him legal notice for cancellation of deal than he may ask me the the money which I have not received.
What should I do sir? Please tell me. Please tell me sir.
Deepak Nair
(Expert) 11 October 2014
Very complicated situation. The wrong thing you did was issuing a receipt for the amount which was not received by you.a He can always claim the said amount from you. You have to prove otherwise.
What was the arrangement between you about the advance amount?? Is there any agreement or understanding for forfeit of token amount in case of cnacellation??
What was the time period decided by you for completion of sale??
All these things matter.
Since it is a complicated matter, you are advised to approach a local lawyer for assistance.
pradeep chaudhary
(Querist) 11 October 2014
time period for balance money was 2 months only.
sir can I take cash receipt that I have give money bank. will it work.
one more question what kind of fraud buyer can do on my property as the my orginal paper with my bank. What will be his intention to produce color xerox copy of agreement in bank.
pradeep chaudhary
(Querist) 11 October 2014
we had made one notary mentioning that actual flat cost is Rs.15lacs and we have shown 18lacs just for bank loan. and the Rs.3lacs has not be given to me and if any problem arise in future buyer will be solve the problem alone
pradeep chaudhary
(Querist) 11 October 2014
time period for balance money was 2 months only.
sir can I take cash receipt that I have give money bank. will it work.
one more question what kind of fraud buyer can do on my property as the my orginal paper with my bank. What will be his intention to produce color xerox copy of agreement in bank.
pradeep chaudhary
(Querist) 11 October 2014
we had made one notary mentioning that actual flat cost is Rs.15lacs and we have shown 18lacs just for bank loan. and the Rs.3lacs has not be given to me and if any problem arise in future buyer will be solve the problem alone
Anirudh
(Expert) 11 October 2014
Please first get in touch with a lawyer in your locality without wasting time. Discuss things and act as per the advise of the Lawyer.
In which City are you located?
Deepak Nair
(Expert) 11 October 2014
That notarised document is useless and meaningless as it was made with an intention to mislead the bank. Don't show it anywhere. Or else you will be on trouble.
Deepak Nair
(Expert) 11 October 2014
If you can get back the original receipt fro him then that would be sufficient. In that case there is no need to take a receipt from him show in you repaid the amount.
Deepak Nair
(Expert) 11 October 2014
Since the time period for completion of balance payment was 2 months the you can also forfeit the token amount if there is any agreement to that effect.
Rajendra K Goyal
(Expert) 11 October 2014
You sold the property for 15 lacs and to defraud the Bank agreed to mention it for 18 lacs and the fact was noted in writing duly notarised. Both of you have done a criminal act. Copies of your notarized agreement can put you in trouble at any time.
Better come out of the deal, you have given much time and cooperation to the purchaser but do not do so at your risk.
Discuss with your lawyer in detail.
Guest
(Expert) 11 October 2014
Consult A Good Local Advocate with all documents
ajay sethi
(Expert) 12 October 2014
please contact a local lawyer
pradeep chaudhary
(Querist) 13 October 2014
sir, I have made one receipt showing that I have return the all cash amount to the buyer and I have also taken his signature on that receipt and in witness I have taken his family member signature. will it sufficient to save my self.
pradeep chaudhary
(Querist) 13 October 2014
currently I can not take original receipt from him as it is submitted In bank for loan procedure.
in agreement also I had signed that I have received the cash amount. that way I have made receipt showing repayment of cash to buyer.
pradeep chaudhary
(Querist) 13 October 2014
sir, I have made one receipt showing that I have return the all cash amount to the buyer and I have also taken his signature on that receipt and in witness I have taken his family member signature. will it sufficient to save my self.
pradeep chaudhary
(Querist) 13 October 2014
currently I can not take original receipt from him as it is submitted In bank for loan procedure.
in agreement also I had signed that I have received the cash amount. that way I have made receipt showing repayment of cash to buyer.
Devajyoti Barman
(Expert) 15 October 2014
you are adequately advised. Do not prolong this thread anymore.
pradeep chaudhary
(Querist) 16 October 2014
sorry sir,
I was so much worried that's way I was asking.
thanks to all.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
You are taking advise to cover your wrong act, anyhow, if you can solve the issue that way, better do it or take he help of a local advocate to solve the issue.
pradeep chaudhary
(Querist) 18 October 2014
Dear Sirs, I came to know from all of you before that I was not aware that it is wrong. when I asked the notarised officer that it is valid to produce in court as evidence, he said yes it is valid and u can file a case if any problem arises.
I just want to come out from this situation.
V R SHROFF
(Expert) 18 October 2014
Consult local Advocate, and rectify your mistakes.
