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sagar jadhav (employee)     03 February 2014

Litigation against broker

I had one deal for flat,my wife is harrsing me for it

https://www.lawyersclubindia.com/forum/Seperated-wife-messing-up-deal-of-property-95070.asp#.Uu--RT2Sw1I

 

Now broker is asking for noc from wife which he also know not required

secondly he is harrsing me ,never picking my call etc not coming to meet ,but when he want I should meet else he directly asks for refund

 

 

in MOU I took token as 1.5 L and only requested him to deducted rent amount but he not even want to deduct single rupee

 

In our MOU there was no mention of refund of money

 

 

can I file him extortion or any other clause?

 

 

 



Learning

 14 Replies

T. Kalaiselvan, Advocate (Advocate)     04 February 2014

@Sagar; If the broker insists on full money and uses any other means demanding the same, you can lodge a criminal complaint against him for extortion and other related offences, like abusing you in filthy language, criminal intimidation etc., so that when he arrives at Police station, the negotiations can be arrived compromising certain issues on both the sides.  This will be the better method to pressurise such idiots.

Dr J C Vashista (Advocate)     04 February 2014

File a police complaint

sagar jadhav (employee)     04 February 2014

They threatingning me with police complaint saying I did not provided document so I am in breach of contract

Amshumala K N (Advocate)     04 February 2014

You can file a police complaint with the allegations that you have against the broker.

If the Flat is owned by you, NOC from your wife is not required.

As you have already entered into an MOU, I assume there will be mention of the pending documents that you are required to give before/at the time of registration.  You can send a Legal notice asking him to register the Property after paying balance Sale Consideration and also mention that noncompliance of this will entitle you to forfeit the token advance.
 

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

Learned Advocate Amshumala's suggestions are also seems to be practical, you may follow it up.

sagar jadhav (employee)     05 February 2014

he just sms ed that without my wifes noc he cant continue

 

now he is asking my address and company address

sagar jadhav (employee)     06 February 2014

Hi

Attached is excerpt from mou

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

From the little contents reproduced by you, it can be seen that you are obliged to perform all the formalities, but what about the agreement clause, If he is not ready to perform his part of contract, you by issuing a legal notice,can terminate the contract.  Can you attach the agreement and send an email to my id: kalai59thanga@gmail.com, so that shall go through it properly and can render my opinion.

sagar jadhav (employee)     06 February 2014

Hi

he made mou with 500 stamp paper,there is no cancellation term there mentioned nor refund'

 

 

my point was, my wifes NOC is should not be necesary paper ,I have limited knoweldge about legal terms so can you please provide ur view

 

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

Has he specifically asked for NOC from your wife in the ensuing agreement?, if so whether it was in writing, if it was in writing, ask him to show the clause in the agreement that you should obtain NOC, if he is torturing you orally, you issue him a notice stating that despite giving him sufficient chances to register the property in his name by paying the balance o sal consideration amount,he is unnecessarily troubling you by evading to register the property at his expenses for the reasons best known to him and from his attitude it can be evidently seen that either he is not interested  or he is having sufficient funds to get the sale deed registered and executed in his favor by paying the balance of sale consideration amount, thus,it is proved that  he is unable to perform his part of the contract, hence he is given a notice as a last chance to come forward to register the property on his name by paying balance of sale consideration amount within  (the time to be stipulated by you), thereby, upon the failure on his part to perform his part of contract, the money paid by him towards advance for purchase of the property stands forfeited.  

This is how you have to issue him with a legal notice either by yourself or through your advocate and this notice will take care of all other requirements, because he either has to comply with the demands made in the notice or he has to give a reply to the notice stating his reasons after which you can initiate necessary legal action based on the contents of his reply.

Dr J C Vashista (Advocate)     07 February 2014

Contact/engage a local lawyer for your benefit and stop this thread.

sagar jadhav (employee)     07 February 2014

Thanks Mr T. Kalaiselvan, 

sagar jadhav (employee)     17 February 2014

Hi Just an update buyer is saying" he will take possesion of property and its legal"

Amshumala K N (Advocate)     22 February 2014

The legal solution has already been comunicated to you as much as possible through this Forum.   Contact a local lawyer as the agreement holder is trying to take you for a ride by threatening to take possession of the flat without registration. As Advocate Vashista suggested, u please contact a local lawyer.   


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