In the process of house purchase I gave 1 lakh by cheque to house owner and took terms and conditions on a paper duely signed by owner (not a stamp paper). The house did not had proper documentation hence we did not move forward. Now house owner denying to repay the amount. The note on the paper doesnt specify forfeiture of paid amount by the buyer. It specify how much is paid and how it is paid and when next installs of amount will be paid. Being paid through cheque can i launch a case against house owner for amount recovery ? and if yes please advice the initial procedures to move on this case. If not please help me with other alternatives.
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1) you should send legal notice to seller that you had paid rs 1 lakh as advance for purchase of the house by cheque
2) however as title to property is not clear and marketable you have no option but to cancel the deal
3) ask seller to refund rs 1 lakh paid ad advance within period of 7 days of receipt of notice failing which you would be constrained to take legal proceedings for recovery of rs 1 lakh with interest
Though the agreement made on a piece of paper does not acquires legal significance, you may file a suit for specific performance of contract with an alternate prayer to refund the amount received by the vendor towards advance of the sale consideration amount.
Firs tissue him a legal notice expressing your ready and willingness to perform your part of contract and ask him to fix a date and time to perform his part of contract to execute the sale deed in your favor after receiving the balance of sale consideration amount and register the same at your expenses. Or
alternately you can file a money recovery suit to recover the amount held by him after failing to sell the property as agreed.
The piece of paper on which the sale agreement was recited may be used as a receipt for the amount received by him.
Hi, you can file a suit for recovery of money on the basis of amount paid by way of cheque.
2.Before filling suit you have to issue a legal notice and there after file a suit.
3. It is better contact local advocate.
1. You did not carry due diligence before giving the advance amount.
2. If the forfeiture has not been specified in the terms and conditions then you can file criminal charges for cheating against him. In addition to this you can also file a case for recovering the amount with compensation against him.
3. Prior to filing the case you may issue a lawyer's notice to send a warning to him.
You have to file cheating case against him in the jurisdictional Police Station, stating that even though he new about the incomplete documentation of the property he offered to sell, he falsely claimed that he was the absolute owner and decieved you to pay Rs. 1,00,000/- as advance.
