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murli (Engineer)     19 June 2010

society transfer fee returnable , if deed does not complete?

Dear Friends ,

I have purchased one 15 year old flat in pune , we went ahead and did the sale deed ( kharedi khat)  after paying part of money to the owner , and mentioned in the document that we have to pay remaining money . and if we dont pay the remaiing money , then the deed is invalid. 

Meantime while talking with banks for loan to pay remaiing money , we found that flat is not clear title and there is legal faults in all the paper work. In order to avert the risk later. We decided to not buy the property and did " sale cancel deed " with owner of flat , and mention that we are unable to pay the money because bank loan is not approved because of faulty papers. After that owner returned our money back.

BUT----

Before doing sale deed , we get share transfer certificate from society by paying 25000 rs. As soon as we did the cancel deed we notify society that deed is cancelled and they have to return our money back.

Can i claim my money back if the sale deed is not completed and we dont move to the property at all ?

It would be great help if you can guide me. Anyway i have decided to move to consumer court , But if you can let me know the feasibility of sucess , it would be great help.

Best Regards to all of you.

Murli



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