Resale flat
Pradeep Desai
(Querist) 19 March 2012
This query is : Resolved
I am purchasing resale flat in Pune. The first owner ( Peter ) sale this flat in 2007 to Mr. Tambe. In last year March 2011 Mr. Tambe made agreement with Mr. Kamble but Mr. Kamble didn't get loan so they don;t done sales deed. Now I am purchasing flat from Mr. Tambe for that I have paid 3.5 Lakhs to Mr. Tambe. Now Mr. Kable is not doing cancellation deed so Mr. Tambe released Public notice to Mr. Kamble through Court.
Q1. If cancellation deed not done then any problem to me.
Q2. If I want to cancel this then I will get my money return. I have paid all money by cheques to Mr. Tambe and only 50,000 Rs. mentioned in MOU ( Memorandum of understanding )
ajay sethi
(Expert) 19 March 2012
what were the terms and conditions of agreement between mr tambhe and mr kamble ? was time the essence of contract?
need to go through the agreement entered into between mr tambhe and kambhle to a dvise .
ask mr tambhe to refund your money . dont get inot legal tangle
Sankaranarayanan
(Expert) 19 March 2012
Without the proper detials about the agreement we are not able to give our opinion.
Pradeep Desai
(Querist) 20 March 2012
Dear Mr. Ajay Sir,
In the agreement of Mr. Tambe and Mr. Kambe Dated March-2011 time for paying remaining amount (14.5 lakhs) is 2 months period. It is mentioned in agreement but till date didn't pay remaining amount. 3.5 lakhs he paid at the time of agreement. Mr. Kamble is not coming for cancellation deed so Mr. Tambe released Public Notice to Mr. Kamble. If Mr. Kamble not come for cancellation deed then Public notice document is ok for me to make Agreement with Mr. Tambe. Please give me your advice.
Thanking you.
ajay sethi
(Expert) 20 March 2012
you cna make agreement with mr tambhe but get agreement drafted therough lawyer . mr tambhe should indemnify you if any claims are made by mr kambhle . issue legal notice also to mr kambhle .
Pradeep Desai
(Querist) 22 March 2012
Dear Mr. Ajay Sir,
I had paid to 3.5 lakhs till date by cheques to Mr. tambe. We had made MOU dated 25-Jan-2012, In that we had mentioned only token 50,000 Rs and 45 days in MOU for compition of all procedure. After 2 week of MOU, seller (Mr. tambe) ask me for money for solve his problem so I agree and paid him 3 lakhs by cheques. Our agent made payment receipt for 3 lakhs but seller mentioned on receipt non refundable refer attached document. Now almost 3 months are gone ( 90 days ) beyond MOU limit our agreement is not over because he can't cancel his privous agreemtent with another buyer. If I don't want to do agreemt with seller then I will get my money back or not. Please advice.
Thanking You
ajay sethi
(Expert) 22 March 2012
your problem is you dont want to spend on legal fees . advised you to contact a local lawyer with the papers . before making payment of rs 3 lakhs did you cosult a lawyer .
in trying to save on legal fees you have landed in bigger mess .
issue legal notice to mr tambhe
