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monica (System Admin)     04 August 2011

Token amount return

We have an ancestral property which we had put up for sale. We accepted a token amount against it around 18 months ago.

One of the heir who has equal share in the property accepted the token amount and signed the receipt. The receipt was a pail paper with a revenue stamp and mentioned that the token amout is against the sale of the flat (address mentioned) and the amount of the flat. There is no exit clause on that receipt.

The property is not transferred in the heirs name due to a pending court case against the property. However all the parties involved in the court dispute are no longer alive and their heirs want to settle the dispute amongst themselves and withdraw the case.

The property cannot be transferred to the heirs now due to the pending case. We are trying to withdraw the case. However the process is taking a long time.

Meanwhile the buyer said that he can try to get the case status etc and hence we handed him a photocopies of case papers.

Now its a long time an we have not been able to get the case cleared and hence cannot tranfer the property.

We now want to return the token amount to the buyer and have informed him so but he is unwilling to accept the token amount.

We are also ready to pay the interest amount and have conveyed the same to the buyer. But still he has not given a firm answer and is delaying the process. We also sent the money through registered Ad and it was returned back (no proper reason given).


How do we return the token amount to him? Also how to get the token receipt back?

Thanks.
 



 4 Replies

sanjeev kumar (cleark)     05 August 2011

I am not a lawer but fighting similar case in which property was to be tranfered but I am buyer where as you are seller.

It will be difficult to you avoid the contract as its validadity is for three years. You can frustrate the agreement only by not compromising among themselves and making the agreement impposible.

Bharatkumar (ADVOCATE )     06 August 2011

U make a any agreement with buyer? If no why u give tokan amount return? who is the real owner of the property now? Real owner accept  money? If u r ready to pay amount with interest and he has not agree with u and u post by Reg.Ad and he has not receive this so this is eveidence for u.  

monica (System Admin)     10 August 2011

There is no agreement except that a token received receipt was signed which said it was against the sale of the flat.

The legal heir has accepted the money. The real owner is no more.

Thanks

 

parag (director)     17 August 2011

 

 

paragI am Online

director [edit] 
[edit photo] 

 

[ Scorecard : 34]


Help me,

  i had purchased a NIT regularised ULC plot of Housing socieytyin 2004 with area 650sqft,in 2007 after reallocation of plots i got extra area of abt 250sqft.i HAVE PAID ALL THE RELATED DUES LIKE Demand of NIT of rest of the Area i got.Now i want to change area in Aakhiv patrika of City servey,when i approached them they asked me for a Correction deed of rest area.here is a problem when i request to the secretery of housing society he asked me for a compensatiion, so is it legal what he is demanding or NIT will produce me the correction deed. pls sir help me for this.....

i have a fresh copy of Regulerisation Letter(RL letter )of NIT with full Area i alloted



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