Legal Question in Real Estate Law in India

I had done NOTARISED Power of attorney for purchasing shop by giving 10 lacs in 4 steps to Shop owner.

Cost of shop is agreed at 12 lacs & 2 lacs were required for Stamp duty, Registration & NOC of Builder. I had problem of managing this 4 lacs immediately so i had taken time period of 6 months to manage remaining money. But shop owner sold this shop to another Buyer without intimation to me. Then when I had taken initiative for legal action then he had given me 10 lacs 3 cheques. But those cheque also dishonored in Bank then I have done 138 case against him but he has left his own Bunglow(Still on his name) & now absconding somewhere (Gayab Ho Gaya).

So can I recover money from him now. Can I take possession on his bunglow or is there any other way to recover money.

Can I take some legal action so that he can not sell his bunglow immediately or till result of this case is pending in court.

Please advice me.

Regards,

Prashant Jadhav

[email protected]

9766308514


Asked on 12/28/09, 7:50 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

For recovery of money one need to file a Civil Suit and obtain a decree. In case that person is trying or about to sell his property, you can also obtain an order of attachment before judgement in the matter.

A case U/s.138 NI is essentially for punishing accused of that offence.

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Answered on 12/28/09, 9:15 pm


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