Legal Question in Real Estate Law in India
Payment of cash
Dear sirs,
This relates to a case in which i have purchased a house on agreement of sale for Rs 18,00,000. An advance of Rs 1,00,000 was paid by cheque and Rs 5,00,000 was paid by cash for which no receipt was taken but was taken as a loan by the seller till my bank loan was sanctioned. To satisfy me he (the seller) gave me a cheque of Rs 6,00,000. Now he is not ready to vacate the house nor pay the amount and more over the cheque turned out to be of a bank from which his account was terminated long ago.
1. Should I deposit the cheque and file a case against him.
2. Can I file a suit to get the house
3. What is natural justice in this case.
5 Answers from Attorneys
Re: Payment of cash
You can do Sr.Nos.1 and 2.
In view of express written contract, natural justice will be a relevant factor mostly during interim stages like injunction.
Re: Payment of cash
You may deposit the cheque and proceed for the legal action by filing a suit for specific perfomance on the basis of the agreement. Please consult a local lawyer.
Re: Payment of cash
1.Yes,you may deposit the cheque and proceed if the cheque dishonoured.
2.File a suit for specific performnce on the basis of agreement to sell.consult a local lawyer.
3.Natural justice lies in your favour but go strategically.
Re: Payment of cash
1.Yes,you may deposit the cheque and proceed if the cheque dishonoured.
2.File a suit for specific performnce on the basis of agreement to sell.consult a local lawyer.
3.Natural justice lies in your favour but go strategically.
Re: Payment of cash
1.Yes,you may deposit the cheque and proceed if the cheque dishonoured.
2.File a suit for specific performnce on the basis of agreement to sell.consult a local lawyer.
3.Natural justice lies in your favour but go strategically.
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