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Purchase of house

(Querist) 04 January 2012 This query is : Resolved 
Sir, If someone paid a Token Money for Purchase of House without any written agreement, But there after it is found that Title of House is not valid.Sir, What should be course of action to recover the Token Money, Is it a Civil Suit or Criminal Suit for cheating etc.
Sir it is very urgent.
Thanks In Advance
Token Money has been paid in cash in front of Six Persons without any acknowledgement. May we sent legal Notices to all Six persons?
ajay sethi (Expert) 04 January 2012
how much was token money paid? was it by cash or cheque?

do you have the acknowledgement ?


issue legal notice for refund of token money .


for filing civil suit your documentation has to be perfect . issue notice and wait for his reply . does he admit the transaction or not ?
Advocate Bhartesh goyal (Expert) 04 January 2012
You have no proof regarding the said deal so it will be very difficult to proove the transaction any how issue him notice and then proceed further.
pradeep goel (Querist) 04 January 2012
Sir,
May we not file for stay to sale of this house without our consent as we are also become a party who have been cheated by the House owner, as we have information regarding weakness of Title Deed of House?
ajay sethi (Expert) 04 January 2012
you have zero evidence . you dont reply to queries raised by us . we rgret in absence of replies to queries raised by us we would be unable to help you further
pradeep goel (Querist) 04 January 2012
Sir,
Rs 15000/- has been paid as Token Money in cash in front of Six Persons without any acknowledgment. Sir We know that we have zero evidence. That's why we have raised our queries for justice so that they can not be able to cheat any other one.
ajay sethi (Expert) 04 January 2012
you have paid money by cash . you dont have acknowledgement . issue seller legal notice . filing suit for recovery of rs 15,000/ is not worth the effort . if you are in a city like mumbai you will spend more on litigtion expenses
M/s. Y-not legal services (Expert) 04 January 2012
yes., if the witness peoples ready to support you mean you can recover the money.,

but your case is very weak..

tom..
Devajyoti Barman (Expert) 06 January 2012
Anyway you can try suit for specific performance of contract as well.
The court fees would however be hefty.
Sailesh Kumar Shah (Expert) 07 January 2012
@Mr.Barman
he can't go for specific performance.Since he have no title on that property.

rest is agree with views of Ld.experts.


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