pratap singh
in Property Law Criminal Law Civil Law
Asked August 07, 2017

Legal notice by property seller for payment

  • 2 Answers
  • 60 Views

I had bought a property for Rs. 1.5 crores on 7 jan 2016. I had to give 1 crore 35 lakhs as RTGS and rest 15 lakhs as cash. Just a day before the registry I came to know that the owner has some dispute regarding the property, so I gave just 1 crore as RTGS and 15 lakh cash. He had assured me there is no dispute and I can give the rest 35 lakhs RTGS after the mutation is done in my name. In sale deed he had mentioned there is no pending court case and no dispute regarding ownership and possession. Also he filed a suit on me for declaration and permanent injunction. 2 court cases admitted in 2010 came out with his brothers . eventually I had got compromise done in those 2010 cases with his brothers, regarding the suit he had filed on me there was compromise with him and he withdrew the suit on 12 May and he gave statement before the judge that no dispute remains pending with me. He has compromised and he shall never challenge the sale deed . This was done on 12 may 2016. Then on 14 may I gave him 20 lakhs RTGS and 15 lakh cash of the pending amount and took full and final payment received affidavit attested by a magistrate . I had given him one security check dated 7 jan 2016 of rs 25 lakhs which was never used by him. I had even demanded that cheque on 14 may 2016 when I was giving him his due 35 lakhs amount (20 lakh rtgs and 15 lakhs cash ). Now he has sent me a legal notice on 4 aug 2017 stating that he had lost my cheque and has found it now. So please give me 15 lakhs amount .

Answers 2

Legal Advice

1. Considering your figures involved the matter seems to be complicated & serious. It is not correct & proper to answer without going through the document & notice etc. so better you consult good lawyer with all documents. Ofcourse I can also help.

Agree Comment 0 Agrees 2 months ago

 

 

 

Dear Sir/madam,

If it is specifically mentioned in the sale deed that there are no pending cases on and over the said property whatsoever, then the agreement you entered into is on false basis and therefore liable to be voidable at the option of the party (being you).

Legally speaking, cash tranactions while selling and buying immovable property is not allowed. Thus, tomorrow he cannot come in court and accept the transaction of taking/receiving certain amount in cash as against selling the property because it is not justified. Further, you can take aid of the below mentioned provisions.

Section 405 of The Indian Penal Code talks about Criminal breach of trust. Section 73 of Indian Contract Act, 1872 talks about Compensation of loss or damage caused by breach of contract.

Section 191[1] of the Indian Penal Code can be taken help from. Section 197[2] of the Indian Penal Code.

 

 

[1] Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this sec­tion, whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

[2] Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Agree Comment 0 Agrees 2 months ago

Please Login or Register to Submit Answer

Will ads
Don't have a Will ?

Create your free will online in less than 10 minutes.

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now