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 .
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 youAsked 10 years ago in Property Law
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15 Answers
Do not worry,just give legal notice and drag him to court.
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.
Can I give police complaint for immediate settlement by stating that fake documents have been submitted.
Asked 10 years ago
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
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
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.
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
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.
If he continues to threaten you, you can file FIR against such threatening. Approach the Police and file complaint.
hello sir, if the persons says " i dont have money now and you have to wait till i settle". In such case what action i can take? plz help.
Asked 10 years ago
Nothing you can get the property get attached before judgment
i go as advised by mr ananth kumar
His property can be attached for failure to abide by the judgment of court.
if you take recovery proceedings as well as file criminal complaint he will come forward for a settlement .
Hello sir, as I am shifting from Bangalore to Hubli, is it possible to send notice and fight legally from hubli? the person is residing in bangalore to whom i want send notice. Plz suggest sir.
Asked 10 years ago
legal notice can be sent from Hubli but case you should file in bangalore . entire cause of action has arisen in Bangalore only
You can send the legal notice from Hubli but case can be filed only in Bangalore as amount was lent in Bangalore.