• Sauda Pavti

I sold our joint property on the name of me n my brother. Me signed a sauda pavti ( not my brother) taking a token amount and he promised to pay 25% within 20 days to to make an agreement. But he failed to pay 25% till 25 days so I send a MSG to broker to cancel the deal n refund the token . Then he filled a suit in District court which was in my favour. But now he filled suit in High Court. May I have any problem or not. Pl suggest.
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

appeal would be dismissed as buyer has failed to make payment within stipulated period 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

You need to contest the suit on merits 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

show your order.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Other party must have challenged the order of trial court which is his right. As such nothing to worry as it is a routine pricedure. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- As per law, if the purchaser delay in execution of sale deed or in payment of the amount to the seller , then the seller can cancel the agreement after sending a legal notice for the same. 

- Since, the District Court has passed order in your favor , and if there is not stay order passed by the High court then you have right to sell that property to another buyer. 

- You will not face any trouble as you have already refunded the token amount . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to wait for the order in motion 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

You have good case on merits and court should decide appeal in your favour 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

You have got a the case decided in your favor in the trial court.

Though the buyer approached the high court with an appeal, since he is at fault his case in the appeal may not have good ground to get a decision in his favor, because he failed to pay the purchase amount within the period stipulated in the agreement.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

High court has passed a status quo order or stay order to not to alienate.

Since the matter has been listed or likely to be listed shortly, you can ask your advocate to present a strong objection to his appeal and get it dismissed becasue you have merits in the case. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You seem to have good case, however, real situation can be ascertained only after examining the case in detail and particularly agreement and pleadings. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

You can keep the refund amount with you safely until the buyer returns to you and demand the same.

At that time, you can obtain a receipt from him acknowledging the receipt of the payment received towards the advance amount he had given to you and get it witnessed by two witnesses from his side on the safer side. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Based on the information you provided, it seems that the buyer failed to pay the agreed-upon 25% within the given time frame, and you sent a message to the broker to cancel the deal and refund the token amount. Subsequently, your brother filed a suit in the District Court, which ruled in your favor. However, your brother has now filed a suit in the High Court.

 

Since the case is currently at the "FINAL DISPOSAL AT MOTION HEARING STAGE" in the High Court, it suggests that the court is in the process of making a final decision on the matter. At this stage, it is important to be prepared for the legal proceedings and to have proper legal representation to present your case effectively.

 

It is difficult to predict the outcome of a legal case, as it depends on various factors such as the evidence presented, the arguments made, and the interpretation of the law by the court. However, since the District Court ruled in your favor, it may work in your favor in the High Court as well.

 

To understand the specific legal implications and possible outcomes of your case, it is strongly recommended to consult with a lawyer who specializes in property law in your jurisdiction. They will be able to analyze the details of your case, guide you through the legal process, and provide you with the most accurate advice based on the specific laws and regulations applicable in your area.

 

 

 

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

All depends on lower court order.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- Since, there is stay on the property , then you cannot sell the property before finalization of the case. 

- You can mention before the court that you are ready to refund his paid taken money. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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