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Person gave token money for land and sold it to 3rd party what to do


17-Mar-2023 (In Property Law)

Hello, I had a plot near Hebbal measuring 1200 sq.ft for sale. I was approached by a person, who claimed he is a builder for buying the property. The deal was fixed for 32 lk. The builder gave us a token advance of Rs 10 lk. A non-attested document was made to ensure the payment of the remaining amount (22lk) from the builder to us within 45 days. It has been a year now, this promise has not been fulfilled. I have in the meantime got to know through sources in that area that, he was trying to resale the property for a better profit. I want to construct a house there. What should i do?

Answers (3)

Answer #1
729 votes
Dear Sir/Madam, as per your query, the said builder/buyer has not fulfilled his promise and perform his duties in this regard, you have to immediate issued a legal notice to him for cancellation of said deal/transaction due to over the period of registration of sale of the said plot/property, otherwise you will come into trouble in legal.... if you want my legal service I will do it.
Answer #2
689 votes
If you have entered into an agreement of sale and received the token advance amount from the builder/purchaser, there must be a clause in the said agreement which stipulates that he must pay the balance within 45 days, after the lapse also the builder has not come forward to pay the balance amount, you issue a legal notice demanding him to pay the balance and come forth and register the plot within 7 days, failing to do so, inform him that you will cancel the agreement of sale and forfeited the entire advance amount as damages for failure on his part to complete the transaction.
Once you have intimated to the builder about the cancellation, proceed to put up construction as the plot continues to be in your possession only. Before commencing the construction and after issuing the legal notice file a caveat petition in the civil court against the builder.
Answer #3
771 votes
Hello,
You have to 1st send him a legal notice and latter you have to take further steps ..... contact me for further steps to be taken and to send notice also...

And also i want to know more about the agreement what you have signed with that person.

Regards

Balakrishna.G.M.
Advoceate

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