How to get back my advance money paid
durga
(Querist) 12 February 2012
This query is : Resolved
Sir,
I have entered into an agreement to purchase a 30 year old house for Rs. 1 crore on February 2011. The actual house owner died in 2010. The owners wife, only son and two daughters are legal heirs of the property signed the agreement paper. I have paid Rs 31 lakh as advance and submitted the documents to the SBI for the sanction of housing loan. They have raised the objection that the son (legal heir) is having one daughter aged around 26 years now residing at USA. They asked no objection certificate from the said daughter (who is also legal heir) duly signed by the legal attorney at USA for the loan clearance. Thus the grand daughter of the actual house owner refused to give the said paper. I have demanded my advance money back from the persons who signed the agreement. Even now they are telling that that they will pay back, but not paying me my money. They are asking me tyo give back the original agreement in exchange of paying 20 lakhs. The remaining amount will be paid in installments in the form of post dated cheques. Is it safe and beneficial for me to accept the proposed transaction. Or can i file a civil / criminal case or both against them. Can I get back my money with interest. I do not know if they are having any other property on which the court can order the recovery of my money. What best I can do. Kindly advise me.
bhagwat patil
(Expert) 12 February 2012
Bag 20 lacs first,if they are giving pdc of rs 10lac accept it with condition that if pdc bounces your right to purchase will remain intact.
M/s. Y-not legal services
(Expert) 12 February 2012
i think they are willing to sale.. you only trying to break the terms of agreement..
just refer the sale agreement., whats about the advance amount while you break the agreement., if any thing against you mean you can do nothing except loosing your advance amount.,
so just try to settle this amicably..
-tom-
ajay sethi
(Expert) 12 February 2012
what are the terms and conditions of the agreement? was time the esssence of contract?
consult a local lawyer . without going through the papers of case it wont be prudent to adise .
please do not accept 20 lakhs and give the original papers back without drafting the detailed terms and conditions through a lawyer
prabhakar singh
(Expert) 13 February 2012
In my opinion you should file a suit in civil court if you are interested in the deal and your agreement is binding on all the heirs.
If that is not the situation,then you can accept the offer after entering into a fresh agreements with reference to earlier one properly drafted where in hand over of post dated cheque must be mentioned with amount and date stating the reason that sellers are unable to complete the agreement due to the refusal to of party living in USA.
For all this it would in best of your interest that you engage an experienced good civil lawyer to get things done as there would be still a large sum of 11 lack in their hands.
