Anonymous
06 May 2010 at 17:12
My Friend had intended to sell our flat in Mumbai through a broker.The broker informed them of an interested buyer who spoke with us telephonic-ally and agreed to pay a token amount of Rs 1 lakh which the interested party deposited through cheque into our bank account.They got into a verbal agreement to sell the flat with the buyer thru the broker
He had initially mentioned to my friend saying he had a loan approved and sanction letter However despite sending repeated emails to the broker to get us the sanction letter from the interested party , they did not receive any sanction letter for the last 1.5 months
Hence my friend informed the buyer through the broker that they do not wish to proceed with the sale of our flat and that they would refund the buyer's token amount to him as a cheque .
There was no signed / written agreements, nor gave any receipt to this buyer for this 1 Lac as a token deposit .In fact they dont have any address or contact details even of this buyer.They asked the broker for the details of the buyer and he is not ready to disclose saying that he has an MOU with the buyer on my friend's behalf . They did not enter into any written agreement with the broker or authorize to get into any MOU on their behalf.
My friends have sent a photocopy of their sale deed to our broker , and the buyer states that the broker has entered into an MOU with him though they have never authorized the broker to act on our behalf nor given him anything in writing.
The buyer than called my friend and said he wants to buy the flat , they said as it was a long time and there was no sanction letter of his loan from the bank the deal is off The buyer said his son was an advocate and said he will take legal action against my friends and is refusing to take his token money back .His son called up my friend and is asking for 10 lacs or ask us to proceed to sell the flat in return or he is threatening to send us a legal notice.
I have the following queries :
1)There is no written agreement in place and no receipt for the token advance provided ..Only a verbal agreement to sell the flat subject to the condition that the flat will be sold basis on producing a sanction letter from bank and all payments in DD...This did not happen over the last 1.5 months ...Is a verbal agreement held in court of law as a evidence ...as my friend do not intend to sell the flat to that buyer anymore
2)The broker is acting smart and backing out of the scene fearing legal consequences from the buyer and they have told the buyer my friends would only talk thru the broker...from the buyer end once the dad talks and once the son talks...so my friends are not sure who is the actual interested party...
3) Despite repeated requests to collect back his refund amount , the buyer says either sell the flat or cough up 10 lacs
else i will file a law suit
4) the photocopy of the sale deed agreements are with the broker / buyer...can they forge the signature and make an MOU etc and get us involved in selling the flat
5)How do my friends return his money to him as they do not have his bank details , no email id etc ..only sending him sms to take his money back....but he says i dont need money...
6)What are the legal implications of a verbal agreement to sell a property and then drop out of the same ?
7) Do my friends need to file an FIR to be on the safer side like signature forgery etc?
8)In the worst case if the buyer doesn't take his money are my friends eligible to pay more compensation ?After how long does this amount as a refund become null and VOID
9)Are they legally liable for anything?
10)What would be the best course of action.
Your advise would be very much appreciated Please help asap
Verbal agreement to sell property & received Token Advance
Anonymous
06 May 2010 at 13:59
I would like to know the correct procedure for the house lease (no rent) or bhogya, and its validity for 11 months or 3 years. stamp paper value.
Anonymous
06 May 2010 at 13:17
Kindly guide me in the following matter:
There is one family property. The land was purchased by my father. Ground floor and first floor were constructed by him and second and third floor were constructed by me and my brother. My father has expired and has left no will. Mother is also no more. We are four succssors to the property: Elder sister, Elder Brother, myself and younger brother. Being harassed by the son and daughter-in-law of the elder brother, myself and younger brother have decided to shift to other house of our own. Sister is already living in her own house. We suspect that if we leave the house in sole possession of elder brother, his son and daughter in law, the latter two may resort to unlawful activity such as forcefully occupying our portions or selling or renting the entire property. Kindly guide how we (sister, myself and younger brother) can protect our rights and prevent the others from harming them. There is single entrance to the property. Can the relatives of eldest brother put their exclusive lock preventing the entrance of remaining three successors? There has been no formal division of the property and we are living there as a matter of convinience for past 20 years occupying the same portions throughout. Entire property is occupied by we three brothers and our families. The sister does not have earmarked portions nor she is occupying any portion as yet though she is willing to exert her right as a successor.
It must be bought to your notice that formal division of the said property is not possible as elder brother is not prepared to sign. Also, a case has been lodged against me and my younger brother by elder brothers son in another family property matter. In that also, elder brother has refused to sign or take any interest.
Anonymous
06 May 2010 at 11:05
The father left his property intestate to his spouse, 4 daughters and a son. After his demise a release deed was made by his 4 daughters in favour of the mother and brother. The mother recently expired leaving a will of her share of property in favour of her son. The questions are:
Do the four daughters or their children have a claim on the property?
While the son is transfering the proprietory rights on his name, can he include his wife's name also as joint owner? If no, in what ways can his wife's name be included?
Anonymous
06 May 2010 at 10:49
Is a settlement deed superior to a will? if Yes, then in what ways. Is it mandatory to probate an Indian Christian will for a property in Chennai?
Can a settlement deed have life time interest conditions or any other conditions incorporated in it.?
Anonymous
05 May 2010 at 22:49
We had intended to sell our flat in Malad Mumbai through a broker.
The broker informed us of an interested buyer who spoke with us telephonically and agreed to pay a token amount of Rs 1 lakh which he deposited through cheque into our bank account.
He had initially lied to us saying he had a loan approved however despite sending repeated emails to the broker, we did not receive any sanction letter.Hence we informed buyer we do not wish to proceed with the sale of our flat and that we will refund his token amount to him.
We never signed any agreement, nor gave any receipt to this buyer.In fact we dont have any address or contact details even of this buyer.But now he is refusing to take his token money back and is asking for 4 lakhs in return or he is threatening to send us a legal notice.
How do we return his money to him and avoid any legal hassles as we simply do not want to enter into a transaction with this kind of person who lied to us and is now threatening us.
We have sent a photocopy of our sale deed to our broker , and the buyer states that the broker has entered into an MOU with him though we have never authorised the broker to act on our behalf nor given him anything in writing.
Are we legally liable for anything?What would be the best course of actiom.
Your advise would be very much appreciated .please help at the earliest.
Anonymous
05 May 2010 at 21:26
I own a flat in kandivli west,mumbai.I want to sell it.I have also found a buyer,who wants to avail aloan from saraswat bank for the purchase of the property.Now the bank has asked the buyer to provide them an NOC from the society.
The society is delaying issuing me an NOC to sell my flat.I have already provided them all the documents that they have asked for like:-
1. Copy of Agreement of sale given by the builder
2.Indemnity Letter stating that there is there is no other loan or outgoings except for a housing loan that i had taken to purchase the property
3.Application for an NOC.
4.Upto date paid maintenence receipts
5.Saraswat bank noc format.
I dont know what shouldi do.Plz help me...
It has now been a month and i dont know how long should i wait
Anonymous
05 May 2010 at 19:48
Dear sir,
I had booked resale flat by paying 20% of property value. Agreement has been registered at register office by paying 1.30k as stamp duty and registration charges.
today my registered agreement get cancel as 45 day has been over. (same clause has been mention in agreement)
As still my loan process is going, as there is title clearness not yet came.
seller is now demanding more value for same flat, so i would like to cancelled the deed. seller is ready to give money refund.
Is there any possibility of getting refund of registration charges from register office.
please guide me.
Anonymous
05 May 2010 at 19:21
we are living in a house in punjab which is registered in the name of my mother. this is the self purchased property of my mother. now, my mother want to transfer the said property in my name i.e in the name of his son by writing a gift deed duly registered and after payment of stamp duty .can she do that without the consent of her husband and other son and daughter. please guide me under which act and section it covers.
Tahnks
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