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Asma Pasha   18 April 2019

is agreement on 50 rupees stamp paper valid for specific performance suit

breach of contract by seller, did agreement and took advance from buyer but registered the property to third party. can I know what relief I can get.


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 5 Replies

Shashi Dhara   18 April 2019

File suit for specific performance of contract against seller and purchaser 3rd,party.

Shashi Dhara   18 April 2019

If not registered u have to pay duty penalty in court.

Asma Pasha   20 April 2019

29-12-19 :- given token amount [E:- agreement]

22-01-19 :- He made 1st agreement of ××× lac as SBI manager demanded for agreement for bank loan, but due to insufficient documents from seller, legal clearance couldn't proceed. [E :- signatures on agreement]

26-02-19 :- Seller had legal clearance of his documents already done in his bank and suggested his known bank agent and changed the agreement to lesser amount ××× lac saying he wants only ××× lac through cheque and rest in cash to escape taxes. [E :- signature on agreement, phone recording]

16-03-19 :- loan got sanctioned.
Through bank agent, he used to enquire all loan proceedings and got involved in how I need to disburse my loan. [E :- bank sanction letter, bank agent, phone recording]

16-03-19 :- Demanded ××× little payment and threatened to cancel the deal saying to take back our token amount.
[E :- phone recording]

17-03-19 :- Given ××× cash (without any receipt) [E :- no Evidence]

18-03-19 :- he dint received calls and his sons created carparking issue demanding extra money. [E :- neighbors phone recording]

19-03-19 :- he cancelled the deal verbally showing car parking issue. [E :- phone recording]

20-03-19 :- He demanded agreement of sale back. [E:- phone recording]

25-03-19 :- He demanded extra money.
[E:- sms, letter]

26-03-19 :- He send letter, clearly demanding extra money with out specifying which carparking and without specifying about cash paid. [E:- letter]

Breaking the conversation, He intentionally dragged time to cheat and grabbed money from us.

04-04-19 :- We send him a notice for specific performance of agreement

08-04-19 :- Without replying to notice and being into agreement, he breached our contract and transferred the property to 3rd party

Shashi Dhara   20 April 2019

29-12-2019token advance how is it possible File civil suit in civil court.if agreement is not registered then duty penalty to be paid.

Shashi Dhara   20 April 2019

If defendant challenges the agreement if not registered then u have to pay duty penalityand continue case.

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