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Sanjit (NA)     24 July 2017

Property: what precautions for out of court settlement?

Dear sir,

In May 2012, execued a sale deed with a builder.

After post-dated cheques given by builder bounced, lodged a civil suit in April 2015 which is still going on.

Now, a SIT has been constituted to look after the grievances of citizens who were cheated by land grabbers.

A written complaint has been sent by me to the SIT, Crime Branch already.

The builder is now ready to settle the matter by paying the amount with 2% interest along with the promised apartment, but, at a different location.

Please let me know:
- The procedure to follow for out-of-court settlements?
- Approximate fees to lawyer for settling?
- Precautions to take?



Learning

 10 Replies

Suraj Kank   24 July 2017

If i have latest wil about 2006 and my uncle has old about 1998. Although his will accept as legal documents. May i know under which case they can accept dat wil.

Siddharth Srivastava (Advocate)     24 July 2017

If settlement is arrived then ensure that the settlement be put on record of court where the cases are pending and the statement of both the parties should be recorded in court and only on the basis of settlement the case should be withdrawn as compromised with liberty to approach the court if builder fails to honour the settlement. The fee of lawyer is the discretion of a lawyer.

Susen Nath   24 July 2017

Suit for criminal offence as cheque bounce

Susen Nath   24 July 2017

Suit for criminal offence as cheque bounce

Kumar Doab (FIN)     24 July 2017

Originally posted by : Suraj Kank
If i have latest wil about 2006 and my uncle has old about 1998. Although his will accept as legal documents. May i know under which case they can accept dat wil.

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=152099&offset=1

Kumar Doab (FIN)     24 July 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     24 July 2017

Get the property docs of property being offerred to you by your own local counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing any document.

Also see if that one suits your tatse,interest............

 

Thereafter let your own counsel draft the settlement and in case builder is placing a drfated agreement befdore you to sign show it to your own counsel.....

 

Sanjit (NA)     25 July 2017

The case is already being handled by my lawyer.

Sanjit (NA)     25 July 2017

Thank you sir.

Sanjit (NA)     25 July 2017

Dear sir,
Thank you for your reply.
The case is already being handled by my lawyer.
The builder (buyer) after being nailed is ready for an out-of-court settlement.
I have kept my lawyer informed of the builder's (buyer's) intention for an out-of-court settlement.
I will ensure that my lawyer will be there as a mediator till the very completion of the deal!

 


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