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Suvrangsu Pal   11 February 2019

Not getting position of garage

Hi,

I have made a aggrement with a builder for buing a Garage space in August 2016. The aggrement was made with 10Rs stamp paper and it is not registered.Validity was 6 month which is expired. As we don't know the rules. And the saler is very close to us. Total agrement value is 4.5 lac. I paid 3.9 lac. The payment was done by Account payee cheque with buyer name. Also I have written confirmation that he have recived all the money. Now he is not aggre to give us the position. He is saying he gradually  return my money back. But he is delaying not returned single money. What I can do now 



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 3 Replies

Advocate Arzoo Raj (Advocate)     11 February 2019

If he is close to you, ask him to give in writing to you, as to how much time he will take to return the money and get the same notarized. If he does not agree to give anything in written, you can send him a legal notice demanding your money back with interests. 

For any further queries or legal assistance please feel free to contact me.

E-mail: advarzoo.raj@gmail.com  

Suvrangsu Pal   11 February 2019

Last thursday I ask for written confirmation but he denied. And my question is as the aggrement is not registered also it Rs10 stamp paper(not 1% of property value) can I give legal notice? Is that aggrement  is accepted to court. And how much time it generally take.

Advocate Arzoo Raj (Advocate)     11 February 2019

The Agreement will not be accepted in the Court for the purposes of selling/buying. However, you can file for recovery of money and present the agreement to sell along with the reciepts of him reciving money as documentary evidences, in order to recover your money. I suggest you send the legal notice for recovering your money asap. 


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