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Dispute while selling agricultural land

(Querist) 10 July 2014 This query is : Resolved 
Hello,

My father had sell a Agricultural land in gujarat. He did MOU at Mumbai in August 2013 by mention received a deposit 10% of property. As per MOU party have to make payment before 15th Nov 2013. My father went to Gujarat in 2014 for complete the paper work & all the formality. But party created dispute for location of land. He is interest from road side area which is not belong to my father name its belongs to my uncle name. My father told that it is not possible. After that he send his brother & he told that he is interested for road side place. In future u can give us. My father told that it is not possible. After that day my father called him so many times but didn't meet him. Again my father went to gujarat in May 2014. My father told him that now we r not interested to sell. They told that in any way we will not leave this matter and interested for this land only. by hook or crook i am interested for this land. They don't want to cancel the deal. My uncle builds a wall in his area for their safety that also they broke in the night time. Now my father doesn’t want to do this deal because this type of people creates a problem in future to us.
Please advise how to solve this matter.

Jyoti
ajay sethi (Expert) 10 July 2014
if payment has not been made before Nov 2013 as per terms of MOU then your father can issue legal notice to purchaser and cancel the agreement . contact a local lawyer
Rajendra K Goyal (Expert) 10 July 2014
Consult a local lawyer, send notice for cancellation of deal as the agreed conditions not fulfilled.
Jyoti Devang Shah (Querist) 11 July 2014
Thank for your reply. Can you please tell me from mumbai or from Gujrat we have to send notice for cancelling the agreement. Should we have to return their token amount.
Raj Kumar Makkad (Expert) 12 July 2014
You can issue the notice from the place of your desire. You shall have to comply with your part.
Jyoti Devang Shah (Querist) 30 September 2014
Thank you all. As per your advise we have sent a legal notice from Mumbai to cancel the agreement and take your earnest money within one month. Now my parents in Gujarat, till today we have not received any response from them. Please advise what to do? Now we have to file a case from mumbai or Gujarat. My father has contacted in gujarat local lawyer, he advise to file a case from Mumbai. Our mumbai lawyer advise to file a case from Gujarat.


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