• Immediate recovery of amount advanced.

Hello sir,
6 months back I have given one lakh amount as advance to purchase a site. Due to fake documents as verified by the bank lawyer, I refused to purchase the site. Later on he postponing the date of paying amount back. Now he is arguing that, what you will do if I won't give money? I have his thumb impression and signature on demand draft receipt.
      Please suggest me what I can do for immediate settlement?
Thanking you
Asked 2 years ago in Property Law from Bangalore, Karnataka
issue legal notice for refund of advance paid . in said notice mention that deed could not b e finalised on account of fabricated documents of title forwarded by seller . if seller refuses to refund file summary suit for recovery of amount paid as advance .
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
Do not worry,just give legal notice and drag him to court.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If he does not show any interest in repaying the money on his own accord then issue a lawyer's notice for recovery of money as the title deeds submitted by the seller have been held to be forged and fabricated by the bank on verification. If he does not abide by the lawyer's notice then file a case for recovery of money along with expenditure incurred on availing the services of a lawyer.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
you can file a complaint  on the basis of forged documents,but the nature  of transactions is civil,it is better to file recovery suit
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can file criminal complaint of cheating , forgery , fabrication of documents against the seller if you so desire . but if you want your money back recovery suit would have to be filed . criminal complaint is for punishment not recovery of money
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
You may file a criminal complaint against seller for producing forged and fabricated documents to entice you to purchase the site. He will be sentenced to imprisonment on conviction. This being said, the only way to recover your money is by filing a lawsuit for money recovery.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Issue legal notice to the seller and if he complies with your demand then the issue zus resolved. If he does not turn uo then you have to initiate action as per law by filing a suit fir recovery. You have not told whether you did paid the amount by cash or cheque
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
It is a case of cheating as well. You can file a criminal complaint for the same. You can simultaneously file a suit for recovery of your money as well damages for non performance of agreement.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
If he continues to threaten you, you can file FIR against such threatening. Approach the Police and file complaint.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
Nothing you can get the property get attached before judgment
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
i go  as advised by mr ananth kumar
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
His property can be attached for failure to abide by the  judgment of court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
if you take recovery proceedings as well as file criminal complaint he will come forward for a settlement .
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
legal notice can be sent from Hubli but case you should file in bangalore . entire cause of action has arisen in Bangalore only
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
You can send the legal notice from Hubli but case can be filed only in Bangalore as amount was lent in Bangalore.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0

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