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BHARAT NARULA (Marketing manager)     11 May 2014

Urgent help nedded

Dear sir we sold a piece of land on 18th of september 2013  in which we would get rest of the payment within 3 months. But the builder was not able to make us the payment and again went with the in an agreement on 8th feburary and this time the payment was to be done  on  8th of may 2014 . He gave us around 20 lakhsbut now the builder is saying he will pay the rest money today and hasn't paid the rest amount of money . due to this delay we already have inoccured the loss of around 6 lakhs due to delay . So what are my legal options against him .



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 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     11 May 2014

You have stated that the property was sold to the builder. If the property was already sold, on the basis of agreement, you can sue for recovery of money. 

If the property is not yet sold and if there is any clause for forfeiting the sale advance amount in case of default of the purchaser to pay balance sale consideration within stipulated time, you can forfeit the same after issuing notice. If no such default clause is available, you have to send notice to the purchaser by specifically stating that the amount would be forfeited if the transaction is not completed within time frame. You can also claim compensation also.

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2014

I go with Saleema Adv.

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

I agree with the views of learned advocate Saleema Kabeer on the issue and her advises seems to be practicable, you may follow it or seek an opinion from your own lawyer for further proceedings on the issue.


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