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vinit jain   14 January 2017

Agreement for sale by seller

One party contact to my uncle  for purchase of his flat 1040 sqft, delat confirm on price of 48 lacs , party pay token amount 5 lacs in so manny months cash and cash deposit in bank also. he agree on terms loan on property 22 lacs clear within two months and rest final payment within ten months on equal instolment. after full payment sale deed and postion , and also terms is if buyer not pay full considreation money in agrement period then token money forfieted and seller free to sell to other party.  but  but but ...purchaser not pay singal money after payment 5 lacs, and he also file a FIR ipc 420 in local thana on full family  and manage of police , after getting bail from court all family buyer disture to others buyer and he dnt pay and agree to purchase. and also intresting ....he change a agreement first five page and self signture done by buyers ...and no any signature of mu uncle on first five page ..only last page is orignal he was use ,  sir want to know what we do ...my uncle not get bail from lower court ...and he file a bail in high court ....in period police take flat kurki japati .....within one month ...flat decroted by approx 20 lacs value.... my dada ji in hospital for opration of brain hamraj and that periopd flat kurki japati by police

 



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 6 Replies

Kumar Doab (FIN)     14 January 2017

The query may be redrafted so as to convey a clear message.

The orignal agrement should have been with buyer.

How can seller change pages of original agreeemnt.

Many issues have been pointed out.

Pls post full narration of events.

 

vinit jain   14 January 2017

sir

seller not change ...buyer change first five page...his signature put on first five page only....

details is :-

one buyer first agrement made June 2013 terms and price same....validity one month and he pay only one lacs and after agrement pay1.5 lacs in bank . 

after 5 months he told make new agreement as par bank guidline then his loan pass and he show bank letter .....

second agreemnt made in sep 2013 with terms :-  price 48.51 lacs, advance in privieos agrement 2.51 lacs , bank loan on said flat as on sep 2013 Rs 21.56 lacs clear within two months by buyer and adjust at the time of final deed rajistry,No any Claim by Vendees for previous Earnest Money  after this agreement.agreement valid up to 13/08/2014.It is also agreed that Rest consideration amount payment shall be made by crossed payee cheque/RTGS/Demand Draft in Bank account (A/c Name : xxxxxxxxxx, Account No : SB-xxxx, IFSC : KARB0000613, Branch: Patna, Karnataka Bank Ltd, )  before 15 days of  execution of the SALE DEED to the vendor. The vendees-second party is not able to full consideration amount due to any reason within the agreement period, Then agreement will be automatically cancel and no any refund(forfited) like  consideration /advance /earnest money  to “VENDEES”.

Note : agrement faild on 13/08/2014, buyer came and meet and told to my father he is unbale to purchase this property due i am not eligble for loan and i dnt have money...so sorry ....if posible plz refund some money ...my father refund to his one lacs as human nature...buyer is also living next to my flat so ok. finaly he take one lakh and return orignal copy of sep-2013 agreementmy father ask for first agrement he told will be return and also writen in this agreemnt first agremet not valid after this agremet. both agrement  made by buyer  second agrement typist and advocate both are sing. 

BUT buyer is layer ..on that day 13-08-2014 he fiel FIR in local police st. against my full family with driver ...he is ready for rajistry but seller is taking frud and buyer pay 8 lacs to my mother and driver ..and sell are always out of bihar.

first agremet show to police not attached with FIR and he is mange to police and police activty so distractive. first agrement police attache with Final closer of case and we get copy from court he maintion advance money one lacs only and time change for period one year and first five page change ..seller signature not on first five page. in course of crimnal case we record police activity his laywer talk with my mother ..and also audio record buyer gali galoj in front of police . after all we survie with father life and we are no leving out of patna due to him and police ...buyer dhakka to my father on stair from back he get brin issue opration in hospital ...in that period police kurki japti of my another flat ....

this flat we sale now after getting 15 lacs loss ...now purchaser facing lots of problem from him....

 

Kumar Doab (FIN)     14 January 2017

"finaly he take one lakh and return orignal copy of sep-2013 agreementmy father ask for first agrement he told will be return and also writen in this agreemnt first agremet not valid after this agremet. both agrement  made by buyer  second agrement typist and advocate both are sing." 

How he succeeded in Kurki?

 

Engage a very able counsel at your location specializing in such/property matters.

vinit jain   14 January 2017

sir

one more help....can i lodge a FIR against him and police person out of bihar due to father sufreing from medical tretment....we settal in lucnow now ...if law allowed i will file a case in local court then forward to patna police, second  also want lodge fir of maan hani , and one crimnal case and one money suit for losses . In patna we dnt have home now one flat we sale and one police done kurki...plz advise what we do and where ..Can we approch crimnal writ in high court.Patna police very bad police only making money and nothing

sir 28 feb ko notice and 30 march ko kurki after kurki japti we know from facebook. no notice recive both flat in owner is my father  loot liya gaya hai sir police and buyer ne mil kar...father ka bail abhi hua nahi hai ....lower court dnt listion only say first pay advance money the u face tril 

vinit jain   14 January 2017

And also want to know that ... my father signature not held on first five page  only on last page .....and witness from our socity . my father is secratery of socity last 4 years ....50 flat owner living hear but police eye witness hire from out side one buyer father and buyer staff from other dist and show one local adress and also in kurki he is witness not any one from our socity

Kishor Mehta (CEO)     15 January 2017

Sir,

You had better immediately approach a local Advocate and take civil and/or criminal action as advised.

Good Luck,

Kishor Mehta


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