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Advocate dishi (AM LEGAL)     23 February 2014

Property not giving cash back pls help

Dear Sir/Mdam

pls help...i was about to purchase one property ...for that we have given advance through cash n cheque....property cost was 22 lakh so we made payment 0f 4 lakhs  one lakh through check n 3 lakh through cash...and we did not take recieving by default....no bank is ready to give approvel on down payment plan...so we are unable to purchase that property ...now the situation is this if we are asking about our 4 lakh the seller is giving diffrent excuse and not in mood to give back that money he is saying  ...price are increasing...fine bhi to hai etc etc....now the seller is saying give me four lakh more then only i will give you property...and he has done misrepresentation of the property... he showed me property is situated in front of the gate but that is situated at the back of the gate.....he is doing only mental harresment

pls help



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     23 February 2014

Was there any valid agreement in place earlier?

Did valid considerations got endorsed in that agreement?

Are you sure you have been shown the right property earlier and now it has been changed.

If you have above documents in order and if you are ready to do sale deed then you can go for suit for specific performance. It is expensive but  effective.

Advocate dishi (AM LEGAL)     24 April 2014

but he has mentioned in the agreement the seller failing to perform or comply the stipulated contained herein,the buyer shall have the right to get the said transaction enforced after depositing the balance amount if any through court of law by specific per act at the risk cost and expenses of the seller then?

Advocate dishi (AM LEGAL)     24 April 2014

seller told us u will get posseion in feb 15 but its feb 16,he has shown wrong side of property and pls clear what do u mean by  your ques  like:                                                                                                                  Was there any valid agreement in place earlier?

Did valid considerations got endorsed in that agreement?


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