Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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raghu   14 April 2015

Sale agreement

Respected Forum Members/Experts/Advocates/Others,

Am new member to this forum and really thanks for the services/awareness you rendered to public.  

My problem is critical kindly suggest me for my mistake

     I have some clarification with regarding sale of my property, kindly suggest me what i have to do.  I have land in my native place.  Six month back one of my friend approached me to buy the said land for considerable value.  Also at the time of signing the sale agreement he paid 40% of consideration.  In the sale agreement he has not mentioned the transaction period [ i.e., within 3 months or 6 months].  At the time of signing the sale agreement i have also not collected the photocopy of that agreement, since there was no power in that village [only upon believing i did not collect].  He assured me that he will register the property within a month, but even after 6 months either he is not picking my call nor registering the property in his name.  I have also committed with another vendor for buying the property and got the sale agreement, that agreements date is very close to end, at this juncture i required my money from my friend, but he is not responding me.  Kindly suggest me what steps i can take.    

 



Learning

 6 Replies

Rajesh Kulkarni (Advocate)     14 April 2015

Mr. Raghu,

Consult an Advocate and issue Legal Notice calling upon your friend to complete the transaction (within 7 days on receipt of Legal Notice) and after service of Legal Notice if he not responds to your Notice immediately file case in Jurisdictional Court for relief.

 

Rajesh Kulkarni

Advocate 

7799116901

shyam ji srivastava (PRACTICING LAWYER)     14 April 2015

Dear,

First of all you go to lodge FIR against the person and also send a notice regarding breach of contract

if there is a problem for FIR. Lodge an Complaint case with the help of Local Lawyer.

 

Shyam Ji Srivastava

Advocate

raghu   15 April 2015

@Raghu Thanks for your Reply, But approaching the court i should submit the sale agreement copy, that i dont have with me.  So what document can i produce.

@Shyam Ji Thanks for your reply, As you stated to lodge police complaint, how can this possible since this problem is in civil in nature, whether police will take complaint and give FIR.  Pls explain briefly

T. Kalaiselvan, Advocate (Advocate)     17 April 2015

First of all issue a legal notice instructing the buyer to perform his part of contract by paying the remaining (balance) sale consideration amount and get it registered at his own cost, on failing to respond, you may file a suit for relief, for this you may state that the original sale agreement is held by the defendant.  If it was a registered sale agreement, you may even get a registration copy from the registrar's office, try and get that.

Adv k . mahesh (advocate)     17 April 2015

thus the sale agreement was registered or not first clarify this point

raghu   17 April 2015

Sale Agreement is not registered, it on Rs.20 Stamp paper.  Also i will discuss with local advocate with regarding suit for relief as suggested by Kalaiselvan.


Thanks both Kalaiselvan and mahesh sir.  


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