India  |  Civil Rights Law

Legal Question

Asked on: 9/27/13, 3:06 am

Hello Sir,

I am in a situation. We made an agreement with a builder for the purpose of sale of land. The agreement made was as "We (The owner) will sell total land @ 400/- per Sq.ft. to the ABC builder. Total cost of the land will be 1.2 Cr. out of which 70lac will be paid by cash to us while rest amound will be paid by ABC builder by registering same amount of plot on our name. The agreement time line was 3 months. As an advance, ABC builder has paid 24 lac by cheque no. 12345. If within 3 months, ABC builder do not pay rest amount by their respective form, ABC builder will loose 24lac. If we (owner) fail to register the land on ABC builder due to our problem, we will pay ABC builder 48 Lac."

After 1 month, ABC builder registered property of 35 Lac value on our name. But then the builder remain silent for a long time. After 9 months from date of agreement, we served a notice to ABC builder mentioning the timelines of agreement and that as per agreement term, the agreement will be cancelled.

There was no response from the ABC builder. So After 18 months (from date of agreement), we served another notice to ABC builder mentinong the details of earlier notice and to repond with in 15 days. Fail to which, subject agreement will be cancelled.

Still there was no response from the builder.

Now, after nearly 2.4 years, the builder has sent some one to talk mentiong his financial situation. In other way he also threatened us that if we do not sale, he will get the plot registered through magistrate power. According to him, he has paid all the amount to us. But in that case when we respond by stating that ok we will solve this case through court, he is hesitating. He express his interest in solving the case mutually.

Other information about the property: The said land is from ancestors. So there are 4 owners of the land. We three brother and our mother through all legal way as Father expired. Befor the agreement, we three brothers had given power of attorney to mother for sale of land as we reside outside. But after all these issue, we cancelled the power of attorney in front of magistrate.

Experts, I need your advise / solution in this case. Do we still be worried about threatening of builder that he will some how occupy the land legally? Any other consequences could probably happen?

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search