lina abood (bussiness) 31 August 2010

can somebody lighten my thinking

On 1995 I bought flat ,I got the agreement on stamp paper but I didn’t register it ,since the flat empty friend of mine (my company C.A.) ask me to use it for some time as office ,I have given it to him without charging him any amount.

In 2000 the same person ask me to buy it from me ,I agreed to sell it to him with same amount I paid (I didn’t ask him one rupee more and he was happy for that)that time I received from him one lac and the balance of 11 lac he was suppose to pay me as soon as he get the loan,and he has registered the agreement, now and after 10 years I could not recover the money from him in spite of the value of the flat has gone double and in spite of he is being using it as office for him and also renting the other room and getting Rs. 6000 monthly income.

This year after so much pressure from me I could get 1 lac more now the remaining 10 lac with his way of payment when I am going to recover it .finally I had sent him legal notice and he was suppose to reply within ten days but he has just ignore it,

All transaction has done in this deal by cheque

Please advise me what is the next action I can take to recover my money

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 31 August 2010

First of all you had no rights tosell the flat only on the basis of the agreement of sale. It is wwonder how come you sold. At the start of the question you said you have bought the flat, and continued you got agreement on stamp paper but it is not regd.,

You have issued a legal notice to your frnd which is not at all binding on him because you are not the owner of the flat only on the basis of the unregistered agreement of sale. If you have got regd., sale deed in your favour and you sold it to your frnd then it is OK.

If you relied on the unregd., agreement of sale even if you filed NI Act case against your frnd in case of cheques bounced you wont get success, because it does not amount to legally payable deb t.

So to answer the question first you clarify it whether you hve got regd sale deed in your favour?

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lina abood (bussiness) 31 August 2010

Dear Mr. Rajeev,

I had made agreement of sell between my friend and the first owner, and they have put my name in the agreement as confirming party.I hope this will clear the matter.

Thanking you and waiting for your advice