sumit Roychowdhury (proprietor ) 07 March 2015
If a owner of a property made an agreement for sale with someone and take 90% of consideration amount as advance and without 2nd parties knowledge the owner kept the said property mortgage at a nationalised bank and took loan and defult to repay the loan. Now whose claim will stand before the court of law ?
Date of 1st agreement AUGUST,2012
DATE OF MORTGAGE JULY,2013
saravanan s (legal advisor) 07 March 2015
is the sale agreement registered.if so you can take legal action against the said person on grounds of fraud and also for cancellation of the said sales agreement.send him a legal notice mentioning the above circumstance in which he had failed to honour the conditions in the sales agreement and ask for arevocation of the sale agreement and repay the advance you have paid
Sankalp Paliwal (Advocate) 07 March 2015
sumit Roychowdhury (proprietor ) 08 March 2015
No that agreement was not registered. But as we had made the agreement prior to bank, will our claim stand before the court. If so under what section, and what will be the stand .
Adv Akhtar Ali Sheikh (Property Law Consultant) 08 March 2015
Subash M R (Advocate) 08 March 2015
The agreement holder's.
Thanking you,
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