Right against the payents made.
amar
(Querist) 13 November 2010
This query is : Resolved
Dear Honorable Experts,
I have a question regarding a piece of land for which we had made advance payment to a person Mr.Z The total cost of land was decided to be 50 lacs of which 35 lacs were paid to him one & half year before and the "BAYANA PATRA" was made notarized by the proper authority in which Mr. Z agreed to register the aforesaid land after one year of notary in our name after receiving the balance payment of 15 lacs.
Though we Were & Are ready to pay the balance payment on the Due Date to Mr. Z, he is denying on his commitment & not ready to honor the BAYAN PATRA made by him.
We also tried to make an option to him of returning our amount of 35 lacs with basic interest amount but Mr.Z replied verbally that he had not enough money to repay us and he needs some more time to repay the due.Every time we ask him, he reply us with the same answer and now it is more than One & half year passed out and still Mr. Z is in no mood to honor the Bayan Patra or to repay our sum.
What we wanted to know that is there any legal way for us against Mr. Z like wise One/Single Sided Registry by Registrar on our favor in which we shall deposit the balance of amount of 15 lacs as per the notarized bayana patra in Registrar Office on behalf of Mr. Z and transfer the land on our name OR what other remedy U people think should be better. (we had till now given 2 registered notice by advocate to MR. Z for which he has not replied through his advocate or verbally or nor even try to contact us in any regards.)
bhagwat patil
(Expert) 13 November 2010
u have to file a specific suit performance suit.where the property situated?
adv. rajeev ( rajoo )
(Expert) 13 November 2010
What is the date of the agreement of sale? If the agreement of sale is within the 3 years immediately issue notice to the vendor to execute the regd., sale deed, if he kept quiet then file a suit for specific performance of contract.
amar
(Querist) 13 November 2010
thanks a lot for your quick responses and replies.
the property is at nagpur, mh. and still we have had about one & half years left to complete three years from date of notary agreement.
Is there any way to get direct registry without filing suit, as i had heard from someone previously.
