Seller denying to sell the property


Hello,

I visited a property based on add given in newspaper. Property is a bungalow built on a plot in cooperative housing society. I visited property exactly one month ago. I liked the property. Hence me and the owner of property decided to meet on next day to discuss further regarding cost and next process. Next day we mate at the same property. My relatives and both side brokers were present during that meet. We discussed and mutually agreed on a price. On the next day I went to owner. I handed over the check of Rs 1 lakh as a token / booking amount. I got a signature of owner on a plain white paper having 1 rs revenue stamp at the bottom. Owner cross signed on the revenue stamp. All the details including name of current owners, property address, agreed price and token amount with check details were mentioned on the paper. Also it is written that now owner is bound to sell this property to me and if he needs to sell it to somebody else then he will need my permission. Owner first read the contents carefully and then cross signed on revenue stamp.

Next day owner provided copies of whatever property documents he had to me and I handed over them to my lawyer for further review. Parallel I provided one set to my bank for loan processing. I paid to bank the fees required to process the loan such as legal fees. Bank did the valuation as well of the property and after completing all formalities bank approved my loan. Meanwhile I visited property thrice with some or the other reasons, showed property to my relatives, etc. and owner was always welcomes us. 

Now after a month owner is denying to go ahead with this deal. He said on the call that he is feeling that he is selling the property at lower price and asking for more money. His broker also tried to convince him but he is denying. Now he is saying that he don't want to sell the property and giving various reasons such as he is frightened to go out for completing documents due to pandemic (Covid) situation, he is not getting good property to live after he will see this property, completion certificate is not available and he cannot get it, etc.

Can you please suggest what are the options in front of me. Owner is ready to return the token but I do not want to take the token back and want to go ahead with this deal. To me it is clear case of framing. Can I file a suit against the owner.

 
Reply   
 
Advocate

Need to go through the receipt where he acknowledge payment of Rs 1 Lac and agreed to sale the property to you.

 
Reply   
 



Thanks for the response. It was written in local Marathi language. I am pasting here the draft by removing specific details. The final copy was cross signed by owner on revenue stamp.Signature was taken from 1st owner only in the list below. Other owners are son and two daughters of first owner.

 || श्री ||

दि. ३०/०३/२०२१

मंगळवार

 

सर्वसंमतीने नमूद करण्यात येते कि प्लॉट क्र. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX हि मालमत्ता खालील व्यक्तींच्या मालकीची आहे.

१. XXXXXXX

२. XXXXXXX

३. XXXXXXX

४. XXXXXXX

वर नमूद केलेल्या मालकांनी सदर मालमत्तेची विक्री श्री. XXXXXXXXXXXX व सौ. XXXXXXXXXXXX यांना करावयाची ठरविले आहे. हा व्यवहार दृढ करण्याकरिता XXXXXXXX यांच्या बँक खात्यामधून XXXXXXXXXXX यांस रु. १,००,००० (रुपये एक लाख मात्र) देण्यात आले असल्याकारणाने ह्या मालमत्तेची विक्री श्रीमती XXXXXXX यांनी श्री व सौ XXXXXX यांच्याशी करणे बंधनकारक आहे. संबंधित मालमत्तेचा व्यवहार इतर कोणाशी करावयाचा झाल्यास श्री व सौ XXXXXX यांची संमती घेणे बंधनकारक राहील. चेक चा तपशील खालीलप्रमाणे.

बँक: XXXX बँक

शाखा: XXXXXX

चेक क्र. XXXXXX

खाते क्र. XXXXXXXXX

XXXXXX व XXXXXX कुटुंबियांच्या संमतीने सदर मालमत्तेच्या विक्रीच्या व्यवहाराची रक्कम रु. XXXXXXX ठरली असून ह्या विक्रीच्या व्यवहाराची पूर्तता करण्याकरिता जरुरी असलेल्या सर्व कागदपत्रांची पूर्तता करण्याची हमी श्रीमती XXXXXXX यांनी दिलेली आहे. तरीहि सर्व आवश्यक कागपत्रांची कायदेशीर पूर्तता झाल्यावरच सदर व्यवहार पूर्ण झाला असे मानण्यात येईल.

 

 

विक्रेते,                                                                                                                                खरेदीदार,

XXXXXXXXXXXXXXX                                                                                           सौ. XXXXXXXXX

                                                                                                                                               श्री. XXXXXXXXXXXX

 
Reply   
 
Advocate

Sorry, its beyond my understanding. Please seek a paid up conference from a local Advocate who can read and write Marathi. Extremely sorry buddy!!

 
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Not a problem.

 
Reply   
 
Practicing Lawyer

You may immediately take permanent injunction on property to restrain seller from alienating.  


Total likes : 1 times

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Token /Booking amount and acknowledgment of same on plain paper receipt is legally infructuous and legally not enforceable by either parties, in anyway, without any exceptions.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
Reply   
 
Advocate

Yes though the receipt cannot be enforced, you better serve notice or sue his to refund your money with compensation.


Total likes : 1 times

 
Reply   
 

Yes, that is the last option. But I really think that this is fraud as I have spend efforts, money and emotions as well since owner agreed to sell the property to me and signed the paper. Atleast law should not allow him to sell the property to others for certain period. Law should think in the way that what is the guarantee that owner will not behave in similar way to other buyers.

 
Reply   
 
Advocate

Definitely it's not worth of your time and emotions you put over there. Better you first serve a legal notice to him and then move accordingly to enforce your right to first offer on the ground.


Total likes : 1 times

 
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