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Ananda (Engineer)     22 July 2014

Breach of agreement

Hi, We made sale agreement on e-stamp paper where we have explicitly mentioned to seller provide form 9 and 11 at the time of registration(Karnataka) But now he is refusing even he is not ready to return the advance amount. What are the steps I can take to get back advance/site. Please help me Regards, Ananda GM


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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 July 2014

send a legal notice first. see their reply. then take decision.

dr g balakrishnan (advocate/counsel supreme court)     27 July 2014

dear Ananda, 

You have to read your complete MOU or sale or purchase agreement, and cite relevant clauses  that seller failed to satisfy that qualifies as a 'Breach of agreement' those kinds of citations you need to quote in your legal notices to the opposite party, and ask him why he failed to satisfy those conditions?

 

If conditions are not satisfied or not possible to then he should amicably  return the moneys relevant within 2 or 3 weeks time and thus avoid unnecessary litigation in a court of law, like wise, make notices quoting sections of Indian contract Act 1872 as valid on date, after all all agreements fall under contract Act only then other relevant specific Acts.

 

if he does not you would proceed on him under sec 17 (fraud) under indian contract Act.

 

then wait for reply yes, better engage a good contracts lawyer nearby or go to karnataka high court where you can find good advocates to help you, do not think any advocate would help you without his fees, as his bread and butter is based on his income from people like you, after all notice fees would not be very prohibitive, but it also costs !

 

without support of proper advocacy you may not get relief sir... tks 

Sudhir Kumar, Advocate (Advocate)     03 August 2014

agreed with Dr Balakrishnan


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