We paid an advance of 1/3rd amount to a relative for buying his share in a property that is gifted to all uncles by grandparents and took possession. The MOU didnt have a time clause. We could not pay 2/3rd amount for few years. The uncle who owned the property, despite a MOU sold it to a builder who has got his agreement registered. He filed a case against us and took possession of the flat since the court ruled in his favour. My money has not been returned. 1 Can i still pay balance and claim the property ? 2 With what Procedure Can i recover my money with due interest. Thanks so much!
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It is necessary to peruse terms of MOU to advice
2) you cannot claim the property as you failed to pay balance amount for several years and courts have ruled against you
3) you would be entitled to refund of your money if there is no forfeiture clause
Ans: What is the duration of those few years which you could not pay???
if it is barred by law of limitation then you are not entitled to claim the amount already paid by you.
Dear Sir/Ma'am
In our knowledge, since the court has already ruled the possession against your favor, you wouldn't be able to get the claim over the property. And as far as the recovery of money is concerned, it solely depends upon the clauses put up in the agreement or the MOU. If the MOU allows the same, you'll definitely get a refund of your money. Thank You and Regards
“The court ruled in his favor.” The matter is decided by court. Whatever you wanted you could have done in the case filed by the other side. Even the recovery of money you could have sought in the case. Now after ruling of court against, you can only go in appeal that to only if you are in limitation.
There is obviously something more than meets the eye in this case
How can someone hold onto somebody's property for several years by making a part payment and then when things go against them, they would still want that the property come to them
Ideally you ought to have challenged the court's order against you and in favour of the builder to whom the property was sold
The money which you paid would have been forfeited on your failure to pay the balance
Nevertheless the mou has to be checked for a forfeiture clause
1. The MOU is not an agreement of sale for buying the property.
Even though you have paid a part of the sale consideration amount hence it may be considered as sale agreement, it can be held valid only for a period o f 3 years from the date of executing the same. It stands barred beyond the three years limitation period hence your case is not maintainable.
2. Since you have not made the claim for enforcing the execution of sale deed or return of money within three years from the date of execution of the said MOU, it is now barred by limitation.
Hence you cannot legally recover the amount what you have given towards part of sale consideration long ago.
