Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Kumar s (not)     14 June 2015

How to get my token amount back

Sir,

we selcted a semi finished plot and the seller is constructed two semi finished houses in 300 sq yards, in which one is 165 sq yards and another one is 135 sq yards. we selected this 135 sq yards with all GP permissions for an amount 18.5 lacks and made an agrement (100Rs stamp paper) in the name of my wife and we paid 2 lacs with cheque and  3 lacks with cash. for 5 lacks we taken a payment receipt on 10 Rs stamp paper. in the agrement we mentioned the remaining amount will be paid at the time of registration/ loan sanctioned from the bank.

 Due to some technical problem our loan was not sanctioned from the bank. mean while he started asking about the money we told him that it will take some more time otherwise we will drop. The seller  made an agreement with another person by taking an advance of 2.2 lacks. He was not returned our money and not cancelled our agreement.

.The compleate original property documents are with us, but the technical verification of the property by the bank is over. The second person registration is in the next week (with certified copies he is planing to go for registrion). if the second person registration is compleated then the seller will get the money from the bank and he is not intrested to return my amount.

we  are not in a position to arrange the money go for registion right now.

our quetion is :

1. How to get our 5 lacks amount back.

2. If we want file a case, what is to be done, Property is in Hanamkonda  our permanent residence at hyderabad and i am working and living at kolkata.

3. Agreement is on my wifes name , the amount is from her savings, she was very depressed and not intrested to involve in court obligations.

Kindly guide us sir, please.



Learning

 2 Replies

Dr J C Vashista (Advocate)     14 June 2015

You are required to file a suit for specific performance with an application for interim injunction (stay) through a local lawyer.

However, you should be able, ready and willing to perform your part of contractual obligation (payment of balance consideration) and mention therein the plaint.

Kumar Doab (FIN)     14 June 2015

Agreed with Dr. Vashista.

Consult an able  local lawyer and lodge your 'Aitraaj' with SRO.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register