sale of flat

Querist : Anonymous (Querist) 15 March 2011 This query is : Resolved
This query was previously raised.
we had decided to sale our flat to a person. But as our titles paper with the society was not clear the deal was delayed. At that time the prospective buyer paid us 1 lakh as a token amount which was recorded on paper with revenue stamp. Now as our papers are not still clear we dont want to sell our property. we even approached the prospective buyer to return the token amount with saving bank interest however he is refusing to accept it.
Can he take any legal action against us? will we be forced to sell the property to him?
what action we have to take?
please guide us.

Regards,

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R.Ramachandran (Expert) 15 March 2011
It is not clear whether the Rs. 1 lakh receipt given by you on Revenue Stamp, has any reference to the fact that the said Rs. 1 lakh is advance towards the purchase consideration of the sale of the flat in question? If it is so, then he can definitely file a case for specific performance against you.

Uma parameswaran (Expert) 15 March 2011
You could not evade from sale.

Jitendar Kumar gupta (Expert) 15 March 2011
serve a notice for the cancellation of the contract and ask him to take back the money from you. For more information contact 9868529732

ESTHERPRIYA (Expert) 21 March 2011

You need to go for compromise or else need to execute the sale deed in favour of the prospective buyer. It has to be mutually understandable between the drafts. Put everything in writing to avoid further complications.

In case you need any clarification contact us at -
M/s.S&P Law Associates
Law Firm at Chennai
Phone : 044 - 43302424
Cell: 9840729285
Email: sandplawassociates@gmail.com
Website: www.sandplawassociates.com

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