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Balaji (ASM - SALES)     24 April 2011

Land Registration without Settlement

To

Honorable Lawers

I am 58 years old widow lady,

One year back I had sold a Joint property ,

The sold property was purchased by me and one lady ( partner of the property).

My partner had created encumbrence in the joint property.

Due to the encumbrance made by my partner, to safe gaurd my share, i filled a partition suit in the court to seperate my share.

Mean while a broker and a party ( BUYER's SON IN LAW) , who are well known to my partner approached me and insisted to sell my half share,

Also they insisted me to withdraw the partition suit

I clearly said that case can be with drawn only after sale /registration or after sale agreement

But the broker and buyer did not accept my terms and also they are not willing to enter the sale agreement

The broker and buyer are ready  for direct registration

also buyer said that if the case was not withdrawn before registration he will hold a part payment in my share .

As the ia am not convinenced and satisfied for rate offered to me, and due to the un usuall conditions of holding the part payment in my share, raised by the buyer and broker, i refused and rejected  the sale

Mean while both the buyer and broker called me for sale, and also threttened that they will not allow to sell the land to others

at one stage due to thrir continous torcher,  i agreed for sale with half minded

The buyer executed a deed in 20stamp paper for the hold of balance payment,( Please note that the deed was not registred ) she assured that the balance payment will be returned immediatly after submitting the court order for case with drawn, the registration was done with out full settlement to me

I had collected the above said with drawn certificate from court before 4 months, and submitted to the buyerand seeked the balance payment.

Now she refuses to settle the balance amount

I request the honorable lawers to advice me the procedure to collect the balance payment from the buyer

On behalf of the old lady

Balaji

Email:-  indbalaji45@gmail.com



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 April 2011

They have cheated you.  So tit for tat, you execute the agreement of sale in another's name  just to give shock to the broker and your partner will come by that time you can demand your money.
 

1 Like

BALAJI.K (asm)     24 April 2011

Dear Sir,

Already the Property has been sold  & registration has been done at one year back, now i am trying to collect the balance amount from the buyer, as per another deed executed by the buyer at the time of registration

Chirag Bhatt (Lawyer Gujarat High Court)     24 April 2011

It is better for you to file a suit  in the competent court for collecting the balance amount from the buyer.

1 Like

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