i am in problem

Querist : Anonymous (Querist) 17 July 2010 This query is : Resolved
sir i sell my bahadurgarh plot. one party come in my home last week .. they done bayana . in my home .... in bayana paper they write that the second party who purchase this plot have authority that after settled time period if i donont transfer the plot to byer(second party ) then they go court nd take possion nd transfer of plot through court. sir i m in tension that if they donot give me actual money which they settled in bayna then offcourse .i donont want to transfer and in that case they also went to court nd transfer plot through court. bbecause b/w time period i donot transfer this plot because i donot get actuall money that they pladge so please help me what can i do know. nd second party also take my alotment leteer photo copy nd , my last instalment slip of HUDA nd two photos..... so please tell me the solutions

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Chanchal Nag Chowdhury (Expert) 17 July 2010
Do not worry.No court will pass an order for sale without payment of the entire money.

H. S. Thukral (Expert) 17 July 2010
In an agreement for sale there are clauses as to what recourse should be taken in case either party breaks the contract. Sometimes if the seller does not come forward to complete the deal, he has to shell out the double of earnest money and sometimes there is a clause that in such eventualities the buyer shall resort to litigation for specific performance of the contract. But you rest assured that the amount mentioned in the contract ( Byana receipt)is payable to you before the plot is transferred to buyer.

jayeshmankodi (Expert) 17 July 2010
you need not to worry as no court will entertain the suit without the full payment of consideration and you should procure your money within the time limit stated in bayana and then only transfer the title.
jayesh mankodi-advocate-jamnagar

s.subramanian (Expert) 23 July 2010
i agree with mr.harbhajan.

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