sale of property
Shashi Kiran
(Querist) 30 December 2016
This query is : Resolved
Hello
My Uncle had made agreement to buy a property last year and made part of payment by cheque to Mr X.. due to sudden death of my uncle and uncapality of his legal heir the deal could not be completed..
Further the Vendor Mr.X also could not give back the advance payment made to him. Now Mr.Y who we know well is ready to buy the property from Mr.X
But Mr.X is not trust worthy, is there option to take the advance amount my uncle had paid to him from Mr.Y through pay order and balance amont be paid to Mr.X to complete the transaction
Please guide
Thanks
Kiran
Guest
(Expert) 30 December 2016
First Try For A Mutual Settlement Since the Seller also is Known to you in an amicable manner Failing which Consult a Local Good Senior Advocate and Proceed Legally with his Guidance
Ms.Usha Kapoor
(Expert) 31 December 2016
TRY TO arrive at amicable settlement as the seller Y you know personally and consult an expert lawyer.
Rajendra K Goyal
(Expert) 31 December 2016
The return of advance paid is possible only if all parties i.e. seller, buyer, legal heirs of your uncle agree with the arrangement.
Kumar Doab
(Expert) 31 December 2016
As per your post at the moment due to sudden death of ... uncle and incapacity of his legal heir the deal could not be completed......
If it is stated in agreement that your uncle can enter into agreement ( Byaana) with another person of his choice then legal heirs may explore this clause and enter into agreement with Y.
Show the agreement to a very able counsel specializing in such/property matters.
Rajendra K Goyal
(Expert) 31 December 2016
Refer the agreement of sale to find out whether it is possible to proceed as advised by the expert Kumar Doab.
Dr J C Vashista
(Expert) 07 January 2017
Well advised by expert Mr. Kumar Doab, and Mr. Rajendra K Goyal I agree.
The agreement made by deceased uncle of author remained incomplete during his life time, hence the amount can be claimed/ recovered by his LRs, if there is a covenant in the agreement and/or interested parties may agree for refund of amount.
Otherwise, as advised by Sh.NJS Rajkumar and Ms. Usha Kapoor, find out an amicable settlement, I agree and appreciate the only and practical solution to the problem.
Rajendra K Goyal
(Expert) 07 January 2017
Expert Dr J C Vashista ji,
Thanks for agreeing.
