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Recovery of balance payment from Sale of Property
03-Feb-2023 (In Civil Law)
Dear Sir, I had sold my flat to a person. We have entered into an registered sale agreement of Rs 20 lacs with paying stamp duty. The buyer had paid me 1 lac as token and 16 lacs by bank loan. I had also given him 1.5 lac for registration and stamp duty. I had moved to me place with all my goods and kept the flat vacant. The buyer broked the house and kept a tenant on heavy deposit. We went to police station but it has proven nothing. The Society people were unaware of this thing. The police stated to go in the Court. I am helpless to do what? I have not signed possession letter. Are there any chances of recovering my balance amount?
Yes there are indeed available legal sanctions in place to sort out situations like these. Do check my mail in sometime and let's take it from there so we get to a closure. Hence, please find my email and act accordingly.
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Adv. Krishnan Balakrishnan Nair
Pune | 100+ Answers
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You can file a suit for Specific Performance against the buyer of the property. Possession of the property should never be handed over before getting the entire consideration amount from the buyer. Nevertheless, you can also lodge a police complaint for criminal house trespass besides cheating u/s 420 of the Indian Penal Code.
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Adv. P A Narayanan
Mumbai | 25+ Answers
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Your case became complicated and need of meeting with you for details.An agreement to sale without consideration of full price by buyer ,possession is wrongful.And possessions follows only after final Deed of conyenance (Sale Deed).Discuss!
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Adv. Bhalerao Prakash
Nashik | 200+ Answers
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Hi you can filed civil suit for recovery of amount or cancellation of sale agreement. I hope the amount of 20 lac is specified in your sale agreement and the amount paid to you are in cheque with proper receipt.
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Adv. Mrutyunjay Mahendra Bhokhare
Mumbai | 100+ Answers
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if your room has been broken , police has to take your complaint , if police are not entertaining , then you can file a private criminal complaint in the magistrate court . the magistrate shall give directions to the police to take action immidiatly
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Adv. Avinash Jagannath Pawar
Mumbai | 25+ Answers
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