Manickam K. (CEO) 16 June 2010

Can i attach a property for non payment of brokerage amount

I would like to get help from the experts here regarding a Agent Service Agreement that i had entered with a Landowner for Joint Development of his property with a Builder.

I had entered an agreement with the land owner stating that i as an broker is going to facilitating in joint development with a builders named so & so..... Once the deal materialises he has to pay me a part sum at the time of signing the JV agreement & the rest at the time of bhoomi pooja..... he has only paid me the first installment by way of DD and now that the bhoomi pooja is over and the construction has started.... he is refusing to pay me that balance amount.... what should i do....????

But at the time of signing the Agent Service Agreement the land was not in his name.... it was in his fathers name and he promised to take a settlement from his father once the legal is cleared..... this also i have mentioned in the service agreement..... and as promised he has taken a settlement from his father within 15 days from signing the service agreement.....

his wife is a witness in that document..... what can i now do to claim the balance amount...???? i appreciate your kind help in this regard...

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8 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 16 June 2010

sir,

basing up on the agrement u can file a case(i thnk ur agreement is regd.)

as per the clauses of the agreement u can claim

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 16 June 2010

you already supplied the material on credit as per the terms he has to settle your amount so far he is not settleing the amoun

so,issue a legal notice through the advocate and file a case aganist him.you can attach the property

Ashok Yadav (Lawyer) 16 June 2010

Issue a legal notice to him and demand your brokerage charges, if fails to pay then file a suit for specific performance of contract under Specific Performance Act. You can not apply to court to attach his property, you can claim your money only, by specifrmance of contract executed between you both the parties.

bhagwat patil (Property due diligence 9422773303) 16 June 2010

after filling the suit u can go for lis pendens

Manickam K. (CEO) 17 June 2010

thank you all for your kind suggestion...

Thirumoorthy M.

Deekshitulu.V.S.R (B.Sc, B.L) 21 June 2010

When the amount is legally due to you, you always can go for Attachment Before Judgment. The nicities of the case can be looked later.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 June 2010

For any attachment before judgement notice is issued to other side and only after hearing the other side any order is passed by the court. To get any attachment before judgment your claim has to be beyond reasonable doubt and as a rule courts do not grant attachments since the defendent always pick holes and contradications in the claims.

R.Ranganathan (Advocate) 28 October 2010

You can file a suit for recovery of the amount due to you and at the time of filing suit, you can attach the property before judgement and also ask for interim injunction since the agreement is only a Joint Venture agreement. If you want any further clarifications contact at ravee53@hotmail.com or legalveda@hotmail.com for help.