Legal Question in Criminal Law in India

i am a builder and i purchased a free hold property through sale deed on basis of registered will but other legal heir are file partition suit and get status quo on property and make us party but i was sold out of said property through unrigistered agreement to sell before the sale deed execute in my name and now i was aproved building sanction plan and file pettition in court for construction permition during status quo but purchaser of floor every time force me for refund the earnest money but nothing is settled in oral or written in the agreement that when i handed over that property to byar and also if he back out from this agreement then seller shall be forfitted this amount but purchaser could not back out from this agreeement but there was nothing to clause for refund the amount . so is it possible for purchaseer that he taken back amout and back out from this agreement on ground of status quo or late of construction under legal huddle only and also how can i defance from purchaseer during my legal fight of suit property but i was willing to handed over to purchaser said properrty after court relaxasation , please guide me about this situation?


Asked on 2/27/13, 9:03 am

6 Answers from Attorneys
Setu Niket Curare Legal

Please contact with complete files for proper assistance.

Kind Regards

Setu Niket

Advocate

Delhi High Court

+91-9873109672

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Answered on 2/27/13, 9:21 am
Sanjay Kalra Sanjay Kalra & Associates

You need to engage a good and seasoned lawyer to advice you and before he does that , he would have many relevant queries to ask you....................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/27/13, 10:27 pm
Fca Prashant Chavan Expert Edge LLP

28.02.2013

Dear Sir / Madam,

(Anand Parbat, Central Delhi)

Since there is a stay order on the construction brought about by the legal heirs, the purchaser of an under construction flat in your building which is in dispute has every right to cancel the purchase agreement and ask you to refund the amount paid by him. Nobody is keen to wait for so many years to get a property as the court case may linger on for years together.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/28/13, 5:01 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

The stay may be vacated in the higher court, on the ground that you are the bonafide purchaser, once that is done then you may resume construction and the purchaser's grievance would be set at rest.

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Answered on 3/02/13, 1:55 am
Shrichand Nahar S.V.Nahar, Advocate

Depends on several factors. Consult your lawyer with all the details for proper advice.

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Answered on 10/06/13, 12:50 am


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