Legal Question in Real Estate Law in India

Banakaht (Sale agreement)

Dear Sir.

.1. have a flat which I wantedto sale.

2. A broker brought a buyer in month of september and gave Rs five thousand cash and a dd for one lac rs in advance for the sale of falt at rs 19.25. The couriere took the receipt for Rs one lac DD and Rs Five thousand rs as anadvance stating that he shall make abanakhat shortly. this happned on 6 th of september 07.

1. The after thirty days the byer and the broker came and aske in=that sign this BK aswe equire it urgently . As i being a physician do not under stand the languege , i aske to show it to my advocate and then only sign next day.

4. Then the pleader told that the BK is one sided , he must mention that if e fails to do the payment within 90 days the BK shall be cancelled and the BK money shll bve forfeited. This is the standard clayuse of all the BK.

5. The byer refuses ti right that clause, so we said that let your pleader meet my pleader to to make a BK or take your draft and Rs five thousand Rs Back.

6. He neighter brings his Pleader, nor makes a BK as per standard guidlines, nor take his DD and Rs five thousand back even after number of reminderes to him.

7. What should I do and for what reasons he is not taking BK nor dd and money back pqm


Asked on 11/17/07, 12:22 am

3 Answers from Attorneys

Re: Banakaht (Sale agreement)

whether any agreement was made in respect of sale of flat?Is there any proof that money aws received as advance money for sale of flat?Details are missing.In case of need contact with details and documents.Professional charges are applicable.

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Answered on 11/17/07, 11:52 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Banakaht (Sale agreement)

There are few details missing. Please consult personally alongwith the details.

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Answered on 11/19/07, 2:18 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Banakaht (Sale agreement)

Appropriate to consult your lawyer and decide.

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Answered on 11/17/07, 3:35 am


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