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Author Topic: Need help on Property sold  (Read 628 times)

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Offline samrat.shinde

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Need help on Property sold
« on: January 11, 2014, 04:33:31 PM »
Hello Sir/ Maam

We have a property away from our homw town.


I am looking for an advice on a property issue. Few years ago my mother had made a sale deed on Rs 100 stamp paper. At that time I was above 18 and was pursuing my education. As a part of the sale deed the buyer of the property gave 2 Demand Drafts. In the very next week my mother got to know that the buyer was trying to buy our property at a very less amount than the market rate.

Hence my mother decided to cancel the sale deed and had also sent a notice to the gentleman stating that we wanted to cancel the sale deed and had hence not utilized the Demand Draft.

Now the person is not willing to accept this fact and is adamant that the property needs to be sold to him.

I was wonderring if I could get some help on this.

Regards

Offline advlaxmanadvani

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Re: Need help on Property sold
« Reply #1 on: January 11, 2014, 08:21:23 PM »
First of all its Not a sale deed, its an agreement to sell.

you have not withdrawn the money is fine but you should take this matter in court and get it cancelled before he goes to court.

present the draft to court stating that you need the property for personal use and that the urgency is such that giving away the property will be a grave loss to the family.

do not state that u are getting a better offer that will go against you.

Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline samrat.shinde

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Re: Need help on Property sold
« Reply #2 on: January 12, 2014, 12:24:18 PM »
Hello Advocate Laxman,

Aprreciate your promt response. The fact of the matter my mother was not aware of what needs to be done hence my Mother had sent a Legal notice stating that we wanted to cancel the deed and were ready to return the Demand Drafts.

Also to add to the contents of the Stamp paper, it was wriiten that he would be paying the remaining amount whenever and whicever way we wanted him to pay.

The gentleman has filed a case against us stating the property needs to be sold to him.

My question on this particular case is
1. Under normal scenarios when is a property considered to be sold.
2. Related to this kind of a case. Is a deal on a stamp paper considered valid. There were few lawyers whom I consulted stating that the stamp paper is valid only for 6 months (not sure if thats true) and that it is nothing but a piece of paper now.


We are willing to return the demand drafts to the gentleman.

how do we present out case in the court.

Regards

 

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