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Sanjit (NA)     25 May 2017

Sale deed not honoured case

Please note the sequence of events with respect to a Sale Deed executed:
- Executed Sale Deed with a builder in 2012.
- Builder paid partly by Demard Draft and rest in three post-dated cheques.
- All three post-dated cheques were not honoured.
- FIR lodged in 2015 was reverted citing it as a court matter
- Civil suit filed in 2015, case and negotiations still on.

My lawyer says the builder is cornered and need to give him time to arrange for money.

The builder says the lawyer is asking for a hefty sum from them and ready to settle the matter out of court by paying the balance amount and promised flat.

Whom should I belive?  What should I do?  How can the matter be sorted out of court?  How to ensure that I am not cheated again?



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 May 2017

Believe courts only. No builder words, follow what your lawyer guides to you. Cross check with e-courts online case status.

Sanjit (NA)     25 May 2017

Dear Mr. Ramachary Rachakonda,  Thank you for your reply.  Can you let me know how do I access the e-court online case status?

Kumar Doab (FIN)     25 May 2017

Check at e-courts website.

Kumar Doab (FIN)     27 May 2017

What was signed: Agreement to sell or Sale Deed?

If it is sale deed then is it not registered at SRO?

Kumar Doab (FIN)     27 May 2017

 

 

‘Buyer Beware’ applies to property deals.

 

In property deals cash and then DD has been a preferred mode…………………….or subject to clearance of cheque.

 

 

It is not 1st time that such matters is posted at a Forum including LCI.

 

Kumar Doab (FIN)     27 May 2017

Lawyer’s as you mentioned do try out of court settlement, as per instructions of their clients and even on their own……………….for interest of their client and even for their single minded selfish interest as being suspected by you.

 

Kumar Doab (FIN)     27 May 2017

The pertinent point that you have not clarified is:

 

Is your lawyer telling you correct amount that he has asked builder to pay and correct amount  that builder has agreed to pay and correct amount from it that lawyer wants to keep?

 

If you are sure that Lawyer and Builder and hand in Glove……………..change your lawyer.

Kumar Doab (FIN)     27 May 2017

 

You can also approach a very able senior local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters with all docs on record and obtain 2nd opinion on your case and show all docs on record, for merits of your case, its pursual in court………...

 

If builder is willing then it would be willing again.

 

It is entirely your decision and discretion to agree or not to agree on offer of settlement with builder and/or to pay your lawyer for out of court settlement that builder wants and/or how much you want to pay to your lawyer.

 

If you don’t want to be cheated, then be alert to defend your interest.


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