- This topic has 5 replies, 5 voices, and was last updated 1 year, 2 months ago by
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FWriting on behalf of my father.
I sold a small plot one year ago. Month was same, March. We signed an agreement on stamp paper , while the other party gave me, some cash in advance. Now its been one year and I haven’t recieved the full amount. During these years rates might have been gone much higher that what he will pay me now. Also the verbal agreement was that he will pay the rest in 3months. During this period I could have used the money on business and all.
My father is not very educated he signed the agreement without reading it, and he says he didnt read about time as it wasn’t written on it. So only verbal agreement. I said ,even then 1year is a big gap. Money can almost double under certain circumstances.
On top of all that, the buyer isnt picking up our calls messages. When I visited his home, he wasn’t there. He’s in army and his family says that he’s on duty and never picks up their phones too but they are lying. He has blocked our numbers.
In this case some suggested that resell the plot to other party. But since my father has signed it, I m feeling that it may leave us in legal trouble. Although the agreement was signed only between two parties on stamp paper ,not properly registered in registry office as full payment isnt received. Some said to send him a notice to pay the remains and if he still doesnt, then sell it.
So I’m asking, instead of giving him a proper notice, would a WhatsApp message will suffice? Like WhatsApp message cant be deleted from my side and even if he deletes it ,server can confirm it. It can also be proved that he has seen it. So can it act as a proof if he goes to court with an unregistered/unpaid agreement?
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BLawyer here based in Delhi. It’s not a matter of what would ‘suffice’ and what would not. But it would be better if you prefer a notice right now, to save you any further ambiguity or explanation in the future, if things go to court. Secondly, a legal notice would be a better option to put pressure on the other party. Your case is strong, you just need good legal guidance.
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FYeah, so that I can have the same as a proof. Thank you very much, I’ll be contacting a lawyer soon. My problem was ,infact it is, that we can’t spend too much on a small plot, on the fees of a lawyer. Also I’m too naive in these field of work, ie property deals and disputes. So idk what will be his next move ,if he has something to involve me in further legal troubles.
Also the area ,the village is currently facing Hindu-muslim disputes , so I want to solve the matter without too much legalities. Can one notice solve this or he can stretch the thing further with some legal tools?
Also what if I find that the rates are now increased 1.5x ? Should I ask him more or what? I mean is it my right to ask him more money or should I stick to the one year old agreement?
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