double banakhat

Pruthveshkumar (Querist) 22 March 2009 This query is : Resolved
I hve made double banakhat with Husnand & Wife. i had made first banakhat with Husband by accept the 25% amount of house then he will have to pay diffrenct amount in the 6 month as per the rerm & Condition in the Banakhat But he failed to pay difference amount then he came and say give me more 3 mont plz so i had made second banakhat with his wife and give the time to her for 1 month for pay that same difference amount .....Now...the last day of the month she give the notice by the advocate that i m not ready to sell my property.....And They fied suit in the court for interim injunction of my property that i dont sell it to any other.........Now what i do............Because as per the term & Condition them 25% amount will be a forfeit.........So any judgment about the forfeit the amount if the person dont follow the term of the banakhat agreement .

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adv. rajeev ( rajoo ) (Expert) 25 March 2009
Dear Frnd
let me know what is the meaning banakhata, so I can reply

Guest (Expert) 25 March 2009
In Banakhat if you have the clause of forfeiture of earnest money then you can forfeit the same, but you should give notice to the purchaser and also you can file suit of specific performance of contract against them, otherwise you can also file counter claim application in their injuction suit and demand for the balance payment.

Hiralal Das (Expert) 04 April 2009
Yes,I agree with my learned friends. Please try to follow their valuable opinions.

Y V Vishweshwar Rao (Expert) 18 April 2009
Dear Friends the meaning of " Banakhat" & Double Banakhat" be explained as mentioned/asked by the Shri Rajeev S Vadrali !

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