To cancel registered banakhat
Jinesh Shah
(Querist) 01 March 2012
This query is : Resolved
Dear Sirs,
I need an advise from this forum.
I have sold my flat to buyer and we registered Banakhat with time limit in which buyer need to pay balance payment and get Dastavej done. Now last date of banakhat has got over and buyer has not yet paid balance amount so i need to get Banakhat Cancelled but buyer is asking for Banakhat amount back alongwith all other expenses he beared in processing bank loan etc or Asking for more time as well as some furniture which was not agreed. In short its blackmailing.
I have got another buyer ready for my property but first buyer is not ready to sign in cancellation of banakhat, i can not sell otherwise as per him he will raise objection and matter will go to court where i dont know how many year will take to clear matter and till the date what i have to do. Buyer has just paid 10% of property value so his risk is just 10% and my 90% cost has got struck up.
Please advise me what should i do in such situation.
Raj Kumar Makkad
(Expert) 02 March 2012
You have not mentioned whether you had marked your presence in the office of the registrar or not on the fixed day of registration of dastavej. I presume you have done this formality.
In the light of aforesaid presumption, you issue him a notice intimating that you were present in the office of the registrar on the agreed date for the registration but he didn't come present nor intimated hence agreement stands cancelled and thus his advance money stand forfeited.
Let him come with any litigation. You need not bow to his pressure as you have upper hand.
