Seller backing out of the deal

This query is : Resolved 
 

(Querist)
19 July 2019

We had contacted property owner through �No Broker.in� which is situated in thane district of Maharashtra state. With the consensus of both the parties Rs. 20,00,000/- (Twenty Lakh ) has been decided . Payment with two installments i.e. first installment of token amount of 1,00,000/- and remaining 19,00,000/- by loan by the buyer. Payment of one Lakh is made by check in March 2018. All the above agreement and payment details are mentioned in 100rs bond paper of which notary is not done. After in the month of July with the hard request of the owner we made payment of 5,00,000/- though it is not decided earlier. Bond paper of payment of 5 Lakh signed by both the parties we have with us but here also notary is not done. After above transactions we duly completed loan procedure and then owner now has refused to sell property. What are legal remedies are available for this.
Can we file criminal case for betrayal or fraud for rejecting deal?


suyash tamhanekar (Querist)
20 July 2019

By mistake I wrote year 2018 it's 2019

suyash tamhanekar (Querist)
20 July 2019

By mistake I wrote year 2018 it's 2019

suyash tamhanekar (Querist)
20 July 2019

By mistake I wrote year 2018 it's 2019

suyash tamhanekar (Querist)
20 July 2019

One more correction spelling of cheque* is wrongly written as check *

N.J.S.Rajkumar alias narasimha (Expert)
20 July 2019

Discuss with a local good Advocate in detail and file a Suit for Specific Performance to get the Transaction done

N.J.S.Rajkumar alias narasimha (Expert)
20 July 2019

If getting back the advance paid is your only intention you could approach the Police

suyash tamhanekar (Querist)
20 July 2019

Our intention is to get a property as we relied on this property from nearly 5 months. And
What is the validity status of 100Rs bond paper when notary is not done? And under which section of law we can approach to police for betrayal in agreement?

SHIRISH PAWAR, 7738990900 (Expert)
20 July 2019

You can approach court for specific performance on the basis of Rs. 100 bond paper agreement.

N.J.S.Rajkumar alias narasimha (Expert)
20 July 2019

Yes-- Agreed with Advocate Mr.Shirish Pawar

Dr J C Vashista (Expert)
21 July 2019

Issue legal notice for execution of documents qua sale of subject property within 15 days (specifying date).
If the vendor (seller) do not turn up file a suit for specific performance with alternate prayer.
It would be advisable to contact, consult and engage a local prudent lawyer with relevant records for proper appreciation of facts/documents, guidance and proceeding.

suyash tamhanekar (Querist)
26 July 2019

Can we file suit under ipc section 430? And also under ipc section 34?

suyash tamhanekar (Querist)
26 July 2019

We have changed our decision that to take our 6,00, 000 amount back. We contacted seller party. They are ready to give money but they are saying that they will pay with cheque and at the time of giving cheque they demanded to give all documents of 100Rs original bond paper of payment of 6 lakhs to be return while giving a cheque. But what if check bounced. So we demanded that payment should be done by demand draft or NEFT. Immediately after transaction we will return all the documents regarding the case but they do not agree. They are insisting on payment by check. And don't agree to take documents after cheque is clear.



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