Earnest deed and illigle possesion
Querist :
Anonymous
(Querist) 31 July 2011
This query is : Resolved
I am a shop owner. I made a earnest deed with Mr. X for the shop. In a first deed the sale price was fix Rs. 14.31 Lacs. 2.31 Lacs were given as earnest money.
After 10 days Mr. X came and request for a new earnest deed for Rs 12.51 Lacs as sale price and 1.00 Lacs as earnest for bank loan purpose.
After some more days Mr. X requested a final earnest deed for Rs. 9.81 Lacs as sale price.
Mr. X wanted to show lower price for the shop to save the stamp duty.Overall final 9 Lacs Rs. pending to give me for final sale agreement. The buying party's loan procedure was continue.
In earnest deed contract I didn't give possesion to him. Meanwhile Bank officer visited the site and for this I gave key to him.
But after that Mr. X encroched illeagly my shop and didn't give me key. The final date of earnest deed is over. Mr. X is not giving me the rest amount 9 Lacs or the possesion of the shop.
what should I do ?
ajay sethi
(Expert) 31 July 2011
1) you ought to issue legal notice to Mr X as he has failed to pay balance amount of rs 9 lakhs .
2) did the earnest deed mention that in the event of his failure to pay balance amount you cna fofeit the earnest money . ?
3) you can file suit for specific performance
4) consult a local lawyer
Querist :
Anonymous
(Querist) 02 August 2011
thanks mr.ajay
my earnest deed mentioned that in the event of his failure to pay balance amount i can
forfeit the earnest money.
