Token of property
sandesh jopat
(Querist) 22 May 2012
This query is : Resolved
hellow experts
toke for property given by cheque
owner not willing to register
remedy for buyer
R.K Nanda
(Expert) 22 May 2012
Issue a legal notice to refund token.
Adv.R.P.Chugh
(Expert) 22 May 2012
You mean to say you've given some amount by cheque as earnest amount. Now the seller/vendor is refusing to get the sale deed registered.
The question is was the agreement to sell there ? What were the terms ? What remedy did the contract provide ? Did it completely oust specific performance by providing for damages or forfeiture as alternative to SP ?
A lot of factors would govern - Though Specific Performance can be filed.
Advocate Bhartesh goyal
(Expert) 22 May 2012
Yes,suit for specific performance can be filed on basis of oral agreement though it will be difficult to prove.
sandesh jopat
(Querist) 25 May 2012
a token cheque payment and receipt is there can suit be filed
Shonee Kapoor
(Expert) 01 June 2012
What were the conditions of the agreement, you can issue notice, go fro specific performance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 01 June 2012
File civil suit for specific performance and injunction restraining seller to create any third party interest, or sell and transfer the said property.
