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How to deal when buyer is demanding double of the paid amount
13-Jul-2023 (In Property Law)
Buyer of our flat has filled recovery of 11 lacs as double of byana nama in civil court. Where in mediation we both settled the same in 460000/- And finel to pay the same till 15 july 2018.but we are unable to arrange the same .Now buyer is going to file execution . What to do now pls suggest .it will create any problem for us ...What shall we do?
The amount settled in mediation is binding on all the parties to the mediation only if the same is decreed by the court. Until such a decree is passed, any party can walk out of the agreement done in mediation.
If such decree has not yet been passed and it is only the mediation report of settlement that is before the court, you can as a right walk out of the agreement and contest the claim of the buyer.
If however the settlement before the mediator has culminated into a decree by the order of the Court, you have no option but to comply with the same. Once the buyer files for execution of the decree, you will still get some time to comply with the order. If you are unable to comply even thereafter, the execution Court usually executes the decree by attaching and selling some property of yours and only if that too is insufficient to execute the decree, may take you in custody.
If such decree has not yet been passed and it is only the mediation report of settlement that is before the court, you can as a right walk out of the agreement and contest the claim of the buyer.
If however the settlement before the mediator has culminated into a decree by the order of the Court, you have no option but to comply with the same. Once the buyer files for execution of the decree, you will still get some time to comply with the order. If you are unable to comply even thereafter, the execution Court usually executes the decree by attaching and selling some property of yours and only if that too is insufficient to execute the decree, may take you in custody.
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Adv. Ajit Wagh
Delhi | 25+ Answers
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nothing to worry no need to give double of the byana amount, pls contact me i will help u out in this my firm does all kind of property litigation all over the country and has a specialization in it. kindly contact for the same
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Adv. Prateek Kohli
Delhi | 25+ Answers
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Hi, I understand your concern. You may want to talk to the buyer for some time for you to arrange for the money. Alternatively, you may ask the executing court to allow you to mediate with the buyer and reach a settlement. This would allow you some time to arrange for the funds.
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Adv. Rishabh Kapur
Delhi | 25+ Answers
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