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Venkatesh   23 October 2017

Cancellation of agreement to sale of flat

Hi We have an agreement to sale with a property owner by paying 20% advance payment. At the time of deal discussion seller clearly mentioned that everything is payed to builder including Corpus fund , annual maintenance..etc. But before going for registration we checked with builder and found that he is not payed that amount to builder. If we ask him that he is saying some nonsense stories that you need not pay, we have some other business dealings, so don't worry etc. But builder is clearly saying that either of us should compulsory pay that amount. So I have asked seller to get an NOC for the same, then only will go for registration. Now he became silent and not moving the things. We don't want to pay that amount from our pocket instead we want of cancel that agreement. But my worry is if he delays or don't pay my money back what should I do. And in agreement there is no any such word that Corpus fund. And there is no time limit mentioned in the agreement. I have also payed government challan for registration. How to take that money back? Regards Venkatesh


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 1 Replies

rupamgupta   24 October 2017

Get a legal notice drafted by a lawyer stating your grievances and also mention that unless the said amount is refunded, you would be constrained to take legal action against him. If you do not receive a reply within the specified time, you can file a criminal case against him under the penal provisions in your local police station.

Rupam Gupta
Advocate
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