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Yashwant ray   25 February 2024

Nor the property nor the money received

On January 2022, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, I paid Rs. 50000 to that person. Gave it in cash on the same land itself. Then on his request, within a few days in January, I gave 4 lakhs in her account through RTGS, then on his request in September, I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in August 2023 that I do not want that land, please return my money to me, but he kept making excuses in that too, till now I have given him Rs 470000.  now what has happened is that Gangster Act has been imposed against him. But how is the legal matter involved and the reason why he is trying to close the case and the reason why he is not in my contact Now I want to know what can I do to get the money back from him in this situation and what are the remedies.

 



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     25 February 2024

On the basis of the documentary evidences in your possession for having given money to him, you send him a legal demand notice and in case of non compliance of the demand made, you may file a suit for recovery of money

Dr. J C Vashista (Advocate )     25 February 2024

Did you make any agreement (in writing) or not ?

Did you find out details of owner and check his/her power of attorney in favour of broker ?

Are you interested in proceeding to purchase subject property or recovery of amount paid?

 

Yashwant ray   25 February 2024

Originally posted by : Dr. J C Vashista

Did you make any agreement (in writing) or not ?Did you find out details of owner and check his/her power of attorney in favour of broker ?Are you interested in proceeding to purchase subject property or recovery of amount paid? 

 

There is no agreement in writing I want recovery of amount which is i paid

Dr. J C Vashista (Advocate )     26 February 2024

Issue legal / demand notice and file a suit for recovery through a local prudent lawyer.

Yashwant ray   26 February 2024

Originally posted by : Dr. J C Vashista

Issue legal / demand notice and file a suit for recovery through a local prudent lawyer.

Is there any limitation period for issue demand notice or File suit for recovery

 

First payment done by December 2021 in cash 50000

Second payment 6 Jan 2022, RTGS 4 lacs

Third payment done September 2022, 20000 upi

Dr. J C Vashista (Advocate )     27 February 2024

It is 3 years from the last transaction.


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