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UMy father passed away, leaving behind a mortgage loan. Unfortunately, the loan didn’t have insurance, so the bank advised me to sell the house before a court order was issued. I started the selling process and found a buyer who gave me a ₹5 lakh token payment via cheque. He claimed to have a pre-approved loan, which turned out to be false. Meanwhile, I lost other potential buyers.
Now, I’ve received a notice to vacate the property, meaning I can’t proceed with the sale. Am I legally required to return the ₹5 lakh token to the buyer?
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MHow did you take the token without agreement. Either way token represent a deposit and insurance the person will buy the house. If he backed out without any genuine reason or problem, in this case kied to you then you can keep the money.
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UKoi agreement nahi tha, sirf ek paper pe likha hai ki usne token diya hai. Actually agreement ek banana tha usse lekin usne bola ki usko loan approve hua hai jyada amount ka aisa usne bola toh extra amount jo mere account mein aayega woh main usse return karunga aisa sab agreement mein add karna tha. Lekin loan koi approve hua nahi tha toh usne agreement banaya nahi, usne cheque dediya. Abhi bol raha hai loan approved hai lekin abhi bank wale flat bechne ko allow nahi kar rahe hai, kyonki court ka order aa chuka hai
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MThen can’t you and the bank sit together and negotiate. Bank will ultimately sell the flat, as you are giving them a ready customer I guess they will agree. The only thing is money will go to the bank first and then they will refund money after clearing off the loan.
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UNahi court order aane ke baad bank employees ke haath mein kuch nahi hota, main 3-4 din se wohi kar raha hu, bank employees ne meri bahot help ki out of the way jaake, unhone customer laaye yeh woh sab kiya 1 mahine pehle bataya court order aa sakta hai thode dino mein bech do usse, tabhi maine bechne ka socha aur iss bande ke wajah se sab bigad gaya
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UIf you can show injury to you due to the lie perpetrated by the buyer, you can keep 5 lacs and sue him for more.
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UKaise? Token mujhe mila tha 3-1-25 ko aur abhi loan approve hua bol raha hai, toh kya karsakte hai?
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Eif loan is approved, ask him to get it registered.. tell him that you have used that amount of 5lakh and will return only after selling the house.. if there is no agreement, he cant do much…. ask him to get it loan from other bank if current bank is not approving or his 5lac will be gone.
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UOk, lekin police isme kuch karsakti hai? Kyonki usne cheque payment kiya tha, aur yeh 5 lakh bhi gaya toh mere paas kuch nahi bachega uski galti ke wajah se. Waise bhi ghar gaya, mummy papa gaye, ghar ke upar ke paise gaye, 5 lakh bachenge toh kuch help hogi meri
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Ethey can put a civil case.. you can drag it for few months /years depending upon the lawyer. it will cost you money too.. you also have to put a case back.. also you can say that money was not for token but he gave me as he took cash from you sometime back or something else.. its not ethical but it will give you some time.. ideally you shoudl return it.. if not now, may be later..
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UUse the 5L to pay down the EMIs. Get the notice to vacate withdrawn or suspended. Continue efforts to sell the house, maybe even to the person who gave you the 5L.
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UMainne woh bhi try kiya, bankers bol rahe hai abhi kuch nahi hosakta kyonki court ka order aa chuka hai abhi withdraw ho hi nahi sakta, last month bankers ne meri help ki thi ki aapke paas ek mahina hai aap bechdo, unhone kuch customers bhi laaye the lekin iss bande ke token ki wajah se aur jhoot ko wajah se sab bigad gaya, abhi kuch ho nahi sakta aaj banker ka phone aaya tha
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