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kevin (lawyer)     11 September 2010

token amount for sale- pl help!

Hi friends,

about two weeks back i has meeting with a buyer for my plot in haryana value about 1.5Cr

after meeting i recieved a token amount of 50000/- and signed a reciept, which is as follows:

"

i ,----, recieve rs 50000/- as advance for sale of plot------@rate of ------- persq yard from -----------.

This reciept is subject to mutual consent of the parties regarding the terms and conditions of the sale in meeting the next day."

signed on rs1/- stamp

terms and conditions could not be finalised and the next day buyers did not return the reciept and take his money back by saying he did not bring it.

talks contd and 2 days later we met to sign agmt to sell.at this time buyer produced a agmt to sell which was totally different from the draft shown earlier and designed to cheat me. main point being that - if the buyer does not make payment in time, his money will be "standby".

( usually it will be forfieted, he had also inserted other pointsfrom which his intention to cheat is clear)he had kept it all ready to be signed and tried to get it signed without me reading. but i read and when confronted him, he just said sorry he hadnt read it himself but just had someone else do it for him.

I than told him i am not selling to you and left the meeting.

Since than he is not taking his money back and sending messages that he will not let go of the deal.He is a crook it seems.

as per the information i collected, the reciept for token amount is valid for seven days only, which is expired.He could at most claim double the amount if i do not sell,

Is anyone able to clarify what should i do, if anything?

Could he create legal dispute to complicate the matter?

thank u,

kevin



Learning

 4 Replies

Adesh Kumar Sharma (Senior Associate Lawyer)     11 September 2010

You can get issued a legal notice to him, mentioning all the fact and get him noticed to receive his money back  and return the receipt, as you are not intended to sale your plot. Then he can not take advantage of law as provide under specific relief act.

Thanks

kevin (lawyer)     12 September 2010

thank you for reply.

he can go to court under specific relief act on basis of the reciept? no agmt to sell was signed.

after legal notice he cannot go to court

Sri Vijayan.A (Legal Consultant)     12 September 2010

Dear Kevin,

No agreement is finalised, the receipt does not link any terms or conditions. The receipt is only a receipt of money.

So he can not do with this and no charge/ lien has been created on the property.

So send a notice to the other party to collect the money and return the receipt. Give a maximum of 15 days time.

Thank you

kevin (lawyer)     14 September 2010

thank you for reply


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