Purchase of flat
vipul
(Querist) 25 June 2012
This query is : Resolved
I have entered into agreement to buy a flat with a local lady who is owner of land for RS 36 lacs and paid cash Rs 15 lacs to son of builder who is from DElhi and building flat on the land of lady with receipt on back of agreement , Property dealer informed that flat is legal and duly approved Map and agreement says that for any dispute seller is responsible .But this agreement is not registered in court While going through loan from bank for balance payment . I came to know that flat MAP is not approved . So I told dealer that I am not interested in buying flat and builder should return money paid to him. The builder is delaying payment on one pretext or other . Dealer is not very effective in getting money back. Buy involving my known people of delhi , I treied to settle issue . Now Builder want to enter new agreement with condition of payment back in four months but he wants that old agreement should be destroyed . we want to keep certified try copy by notory as proof of agreement . My local known persons are saying that agreement is not registered so that is not legally binding on builder / land owner . Secondly agreement period have expired . Now please advise how cash paid amount of Rs 15 lacs can be recovered . scondly how much time will it take if we file legal suit . Thirdly I feel that legal filing suit and getting judement is a long and timely priocess , it cost lot of money in payment to lawyers and other . How this can be quikly solved. I have lot of my influence in Delhi and local area. any method to quikly solve it .
Adv.R.P.Chugh
(Expert) 25 June 2012
Dear Vipul,
There are clearly two views of doing it. One influence the other via a court of law legally.
Try the first if it doesnt work out, then the legal position as it stands is like this :-
The agreement is voidable on your part because your consent stands vitiated due to fraud, there was a false suggestion that MAP is approved, whereas it was not, hence this gives you a right to rescind the agreement, and claim money back by serving a legal notice.
If they fail to comply file a suit for rescission/recovery, the court has the power to place you in a position in which you were had you not entered the agreement + damages for fradulent statement.
Court processes are lengthy and protracted, good lawyers are indeed expensive, but you can't do without it, in case you fail to reason it out by mediation etc.
Good Luck !
Kishor Mehta
(Expert) 25 June 2012
Sir,
With due respect to all:
[1] The payment was made in cash, was a proper receipt taken?
[2] The deed is not registered, is it binding on the signatories?
[3] Is a legal suit viable under the circumstances?
Regards,
Kishor Mehta
Shashikant V. Patil
(Expert) 25 June 2012
There is hope, if builder wants to execute new agreement, with condition to pay back balance amount in four months, You go for it subject to registered agreement to sale this time to keep you strong in legal point of you. At least you can fix him to prosecute.
