Sir Mr. Raj K Makad pls help again for reply to legal notice
Amandeep Singh
(Querist) 13 April 2010
This query is : Resolved
Sir I rec a legal notice few days back from my uncle which is as follows and I have also drafted reply to legal notice within 15 days.Pls suggest is it properly drafted:
Legal Notice
This is to be advised that you are under a legal duty and obligation to sell H.No B-I815 Civil Lines Ludhiana under the compromise deed Ex C1 executed on 18-02-2009 within six months of getting TS1 from M.C. Ludhiana.
In the terms and conditions of the compromise deed Ex C1 are binding on you by the order passed by the Learned Distt. Judge Ludhiana on 06-03-2009
The period of six months had elapsed on 20-11-2009, but you failed to sell the aforesaid house without any legal cause. You also filed the application in the courts of Distt. Session Judge Ludhiana for the extension of the time whereby the said application was dismissed on 28-01-2010. Since then you did not take appropriate steps to sell the said house.
Thus it is presumed that you intentionally. Purposefully and willfully did not want to sell the said house. After evaluating the facts, I come under the conclusion that your intentions are not clear regarding this matter.
Thus , I give you fifteen days time from the date of getting this notice to take some concrete steps to sell the said house and if you fail to do so then I will initiate the execution proceedings against you in the court to sell the said house through the process of law
Yours sincerely
Kuljit Singh
My reply
Dear Sir,
Under instructions from my client Sh. Sarvjit Singh resident of H No. B-I-815 Prem Nagar Civil Lines Ludhiana owner of the house bearing H No. B-I-815 Prem Nagar Civil Lines Ludhiana, I hereby inform you that the as per the Compromise EX-C1 dated 18-02-2009, passed by the Learned Distt. Judge,Ludhiana on 06-03-2009, made between my client of the ONE PART and you on the OTHER PART in respect of the sale of the house i.e. H No. B-I-815 Prem Nagar Civil Lines Ludhiana by my client wthin six months from getting TS-1 from the MC Ludhiana and to pay to you Rs.549000/- out of the sale proceeds .
Several appropriate steps like rendering advertisement and public notice regarding sale of the house in the local newspapers time and again have been taken by my client to sell the said house within the stipulation contained in the Compromise Deed dated 18-02-2009,but because of your unwanted interference in the said process by yourself, my client was not able to complete the sale of the said house.
In order to abide by the terms of the Compromise Ex C1 passed by the learned Distt. Judge Ludhiana my client filed for extension of time to sell the said house.
I hereby call you to receive the amount of Rs.549000/- in the courts as per the Compromise Ex C1 for final settlement of your claims and to quit, vacate and deliver quiet and peaceful possession of the house and allow my client to peacefully sell the said house and to abide by the compromise passed by the Learned Distt. Judge Ludhiana, failing which my client will file a suit against you for intentionally and willfully not receiving the said amount and for recovery of possession of the said house and for your willful, unwanted and intentional interference in the process of sale and retaining possession thereof and for breach by you of the stipulation contained in the compromise deed Ex C1.
Yours faithfully
My approach: We will offer him amount as per our compromise in the court, if my uncle vacates the house and then will sell the house otherwise it is impossible to sell while he is staying in the same house.
Raj Kumar Makkad
(Expert) 13 April 2010
Your reply to the legal notice is accurate and legal. It would have been better had you mentioned his role some more openly with instances in creating hindrance in the sale of the aforesaid house intentionally.
Over all reply is praiseworthy. Even if he files execution petition even then o adverse action can be initiated in this matter.
