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Property is transferred but the party hasn't yet paid the full amount
18-May-2023 (In Property Law)
I had advanced through an agreement a sum of 500000 to one of my uncle for transfer of a property. The term of the agreement was that i will pay the rest 200000 within a year and then the transfer will took place. Now my uncle is bankrupt and he left the area and we dont knw where he is, nd the period of agreement has also expired 1 year back. So can i take any legal remedy?His family members are saying he will pay bt when not sure.. Pls advice....
Hello, after knowing the documents can say anything about it, but on the basis of your queries I must suggest that please file a recovery suit without killing much time, also you can file a criminal case against them.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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If you are aware about the whereabouts of your uncle then in that case you have two options
1. If you are still interested in transfer, you can file a suit for specific performance of the agreement.
2. If you are not interested in transfer, you can file a case for recovery against your uncle for refund of Rs.500000 along with interest.
However, if there has been no written communication from your side to your uncle, calling upon him to complete the transfer since the expiry of the period of agreement, then you may think about suit for recovery.
(Note: You may however, first consult a lawyer with all the papers in order to assess the way forward.)
1. If you are still interested in transfer, you can file a suit for specific performance of the agreement.
2. If you are not interested in transfer, you can file a case for recovery against your uncle for refund of Rs.500000 along with interest.
However, if there has been no written communication from your side to your uncle, calling upon him to complete the transfer since the expiry of the period of agreement, then you may think about suit for recovery.
(Note: You may however, first consult a lawyer with all the papers in order to assess the way forward.)
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16+
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Adv. Pulkit Agarwal
Delhi | 25+ Answers
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