Unpaid Indian Property from 2011. Legal recource

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    • #21340 Reply
      Superarush265
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        Superarush265
        PARTICIPANT
        April 4, 2025 at 6:39 am
        Back in 2011, my step-parents purchased a property with the intention of it being an investment. Despite some initial hesitation, they went ahead with the purchase. Due to financial and health issues, they were unable to complete the payment. They had paid approximately 50% of the total amount—around ₹80 lakhs—before stopping payments in 2014. Since then, there has been no communication or further payments. They essentially forgot about the property altogether.

        Recently, a friend of a friend—who is a lawyer—suggested revisiting the matter, considering the large sum involved. We’re trying to assess if there’s any legal merit in pursuing this case, especially since it was my step-parents who had failed to continue payments. Interestingly, we’ve never received formal notice from the company about the cancellation of the property.

        The last communication we had with the company was in 2018. At that time, they asked us to pay the remaining amount at *current market rates*, which we felt was unreasonable. They also made no mention of refunding the previous payments.

        I feel bad for my step-parents—they aren’t accustomed to the aggressive nature of real estate dealings.

        Here’s the fee structure shared by the lawyer:

        * **Drafting and filing**: ₹1,20,000
        * **Govt fees, printing, clerical, and other expenses (OPE)**: ₹8,000
        * **Rejoinder (if the promoter files a reply to the application)**: ₹60,000
        * **Each hearing**: ₹18,000
        * **Final hearing**: ₹1,20,000
        * **Written submissions (if needed)**: ₹40,000

        Would appreciate any thoughts or advice on whether it’s worth pursuing this case.

        Thanks!

      • #21341 Reply
        Desiknight9081
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          D
          Desiknight9081
          PARTICIPANT
          April 4, 2025 at 7:00 am
          What exactly are you looking to file and where?

          • #21343 Reply
            Superarush265
            Participant
              S
              Superarush265
              OP
              April 4, 2025 at 7:25 am
              They suggested to provide a notice first – to return the initial sum. Then filing in Delhi NCR / Gurgaun. The lawyer sent the cost of filing a rera complain. He hasn’t specified which court tho.

            • #21342 Reply
              Desiknight9081
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                D
                Desiknight9081
                PARTICIPANT
                April 4, 2025 at 8:06 am
                Okay. Yes you should send a notice before. But there is also a limitation period to file a complaint before RERA so please take note of that as well, to ensure that it hasn’t lapsed.

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