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dhasarathan (Own)     18 May 2012

Legal issue on shop

Hi, I bought a property by 2003 from a Property owner. It has two shops ground floor and first floor. I got the property with the help of my uncle. My uncle drived the whole show and I didnt do anything just trusting him. During registeration my uncle is telling that the person in the first floor is not giving rent and there is a dispute with the property owner and him. The ground floor shop is used by my uncle for the part 20 years. From 2003 I was asking to put a lease agreement my uncle is not coming forward and the rent he gave was only 1000RS, but the rent in other shops was around 2000. After an year when I asked for the rent increase he started giving 1100. After an year finally with a conversation with the first floor shopper  and the previous property owner i came to a deal and make a lease agreement with the first floor shopper. In 2009 when we enquired the rent outside it was around 3000 which we went and asked my uncle and he started with a dispute. We told that better to sell the shop to my uncle itself as we got loan for the land and we are unable to repay the loan amount too with the rent which we got. finally in 2009 we make a sale agreement and he gave a initial advance and we asked him to repay the remaining amount in cash within another 3 months as we were in need of some money during that time. But he never turned back in 3 months and came to us in 5th month with a check for the remaining amount. And I have clearly mentioned that I need only in cash not checks or DD which once again i need to run behind the bank people. Now in 2012 he has filed a notice on me saying that i should not sell the property and i should sell on the same rate for what I made in 2009. Please advise me how to proceed on this. Now i am totally not interested and not in need of selling the land. Please advise me on this.



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 2 Replies

dhasarathan (Own)     18 May 2012

Some expert help me on this.

S Jadhav 98336 98330 (Jadhav & Associates)     18 May 2012

If you have not made a registered deed then the sale has not been completed. The terms and conditions in the deed would have stated the time period within which the rest of the amount was payable and since he has not paid the amount until now, this period may have lapsed and you can forfeit the amount paid (or if it is a large part then a reasonable amount of about 15% of the toal value can be forfeited).

Also, please remember that as per law you cannot accept cash amount of more than Rs. 20,000/- and you have to take it by cheque (of course you may also use Banker's cheque which is also called as Demand draft by some or you may ask for bank transfer directly into your account by NEFT or RTGS)

If your uncle and you cannot come to an agreement by discussion then you have to follow the process of law and file a suit.

You have not given the details of the property and the details may help in giving a more appropriate reply.

S Jadhav


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