khatha and money recovery
SAILA KUMARI
(Querist) 26 July 2009
This query is : Resolved
one of my relatives entered into agreement for sale of a flat in bangalore. at the time of the entering, no documents were made available to the buyer. the vendors represented that they are in government service and all documents are with banker who lent money.
the agreement contains "the purchaser entered this agreement on the bonafide belief that the declarations made by the vendor are correct. rs.50,000 was paid by cheque.
later the vendor gave some zerox copies.
when the zerox copies were shown to the purchaser's advocate, he said one of the papers known as "khatha" is missing.
the advocate says that unless the Khatha is in the name of the vendor, such vendor can not transfer the property. hence the purchaser declined.
the vendor says that many flats in the same area are being purchased by many persons. hence he insisted for performance of the contract.
before declining to purchase (due to absence of khatha, the buyer paid additional advance of rs.1.50 lakhs to the vendor by cheque based on the verbal urgency expressed by the vendor.
apart from non availability of khatha, it is also noticed by the purchaser that the vendor was in army service but now not in that service. however, she is still represents as if she is in army service (without suffixing or prefixing the words such as ex. former, etc.
what are the ways to recover money from the vendor?
whether criminal case be filed against vendor?
whether for misdeclaring of designation, any case can be filed?
sanjeev murthy desai
(Expert) 27 July 2009
Dear Saila Kumari.
You can file recovery of Money suit/ specific formance suit.
what you want to achive if you filed a misleading of designation case against him. Think about your money only
ok bye.
sanjeev desai
