I sold a plot and received Biana. As per agreement, buyer was supposed to make full payment within two months and get plot transferred in his name. In case he fails to do so, the agreement stands cancelled and biana will not be returned. Now almost three months have lapsed I have asked the buyer to complete the payment so that transfer can be completed but he is delaying. I plan to now cancel the agreement. What is the legal way for this, so that he does not create problem for me in future
ZM replied on Friday, October 23, 2015 08:37 AM
There is no need to ask him to make the payment - if you want to keep biana amount, you are legally entitled as per biana agreement to keep biana amount. Keep biana and sell your plot to some else. |
NT replied on Friday, October 23, 2015 08:47 AM
@ZM
I don' t think it's so simple. |
Farooq replied on Friday, October 23, 2015 11:00 AM
Nasir,
As the agreed period to execute the contract has elapses, you should send him a legal notice confirming that the contract is cancelled and is not valid any more. |
Noman ahmed replied on Friday, October 23, 2015 03:50 PM
Nasir,
He might have taken your original papers. |
Navid replied on Friday, October 23, 2015 03:52 PM
Never take biana in future.....go for the full payment to buy/sell....LRE gives such an option to buyer as well sellers, i think |
Nasir Mahmood replied on Saturday, October 24, 2015 07:32 AM
Original documents are with me. Do I need to contact Lawyer for a legal notice regrading cancellation of agreement or a simple letter from my side will work |
Habib replied on Saturday, October 24, 2015 01:27 PM
Give a Bit More time If You Like, Other wise Create Phada and Call Off the deal and depending upon the Biana and mutual understanding you can Forefeit some amount.
In other case it will be Dewani case, The Case can Hang for years. In that time if the man takes stay order you can't sell the plot. However you can finish the case any time by paying full amount of Biana.
Whatever agreement written on biana paper is not 100% Followed in Court as all is not legal. The Fist objection will be who Bought the paper [Only seller should have Bought the paper] was amount of Paper as Ok for amount of deal etc etc |
Irfan replied on Saturday, October 24, 2015 01:28 PM
Dear Nasir,
If it's stated in agreement that plot transfer shall be done in 2months failing which Biana shall be forfeited, then you can go ahead and sell your plot and keep Biana with you. It cannot be challenged in any court of law as Buyer is on default.
Another option is to negotiate new selling price with buyer if plot value went up since initial agreement.
To sumup - all depends how Biana agreement was worded. |
abc replied on Tuesday, October 27, 2015 03:29 AM
Good thing is return the biana and safe yourself from courts |
Nasir Mahmood replied on Saturday, November 7, 2015 12:55 PM
What will happen after legal notice. If buyer still doesn't respond or pay the remaining amount. What will be the next legal action to close the issue. I think legal notice does not ends the case.
Legal opinion please |
