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rahul   27 November 2016

Difficult case i have seen related agreemet to sell case

Dear all members kindly provide me the opinion

 

A and B having joint property. A  enter in a agreement with B for selling his share of worth 20 lakh and B gave 500000 as installment with agreement and after the duw date the deal was not matured due to non obtaining of n.o.c from A. now after that both A and B entered into agreement with C for selling the same property for rs 6 lakhs. now the question is can B recover the money from A which he given to him during first agreement to sell that is 5 lakh? can he file any criminal case of fraud or specific performance case?  

p.s. both A and B signed on single affidavit related to property with C. 

       single copy of first agreement was made which with buyer.

       and both apply for no objection certificate if property being sold to C. as a have already share in the same property.

thanks 



Learning

 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     28 November 2016

No criminal case can be filed in this case. As per the facts mentioned by you, B can file a recovery suit.


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