Legal notices and letters

Legal notice for breach of agreement to sell immovable property demanding return of bayana or specific performance

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REGD. POST/WHATSAPP

To,Dated: Date of notice
1.Mr. Addressee 1's name

S/o Sh. Addressee 1's father's name

R/o Addressee 1's address,

Mob. No. Addressee 1's mobile number

2. Mr. Addressee 2's name

Staff/Driver of Addressee No. 1

Mob. No. Addressee 2's mobile number.

CC To:

The Branch Manager, Name of the bank


LEGAL NOTICE

Sir,

Under the instructions from and on behalf of my client, Sh. Client's name, S/o Sh. Client's father's name, R/o Client's address, I have to serve upon you the present legal notice to the following effect:-

1.That on Date of first contact, you, the addressee, approached my client through a property dealer namely Property dealer's name for the sale of your property. My client expressed interest in purchasing the property bearing no. Property number, situated in the multi-storeyed building constructed on the plot of land earmarked for the Name of the housing scheme/colony Housing Scheme measuring Area of the housing scheme, in the residential colony on Name of the locality/road Road, Place/locality of the property (State where property is situated). Both parties thereupon entered into a mutual agreement/contract for the sale of the said property for a total consideration of Total sale consideration. In furtherance of the said contract, my client transferred a token amount/bayana of Bayana/token amount to your account through online payment on Date of first bayana payment and Date of second bayana payment, as evidence of his commitment to the transaction.
2.That my client also applied for a bank loan for the purchase of the said property, and the officials of the bank duly inspected the said property and verified its suitability for the loan. The inspection of the said property by the bank officials was carried out through you, the addressee no. 2, who is the staff/driver of you, the addressee no. 1, and the chain of documents of the said property was provided to my client as well as to the bank officials.
3.That since the execution of the token/bayana, you have maintained stoic silence in the matter despite my client repeatedly requesting you to proceed further with the transaction.
4.That regrettably, despite these commitments and the advancement of the transaction, you have failed to come forward to perform your obligations with regard to the further process of the sale deed, registration, etc., of the said property. It has come to the knowledge of my client that you have sold the said property to a third party at a higher price.
5.That it appears that your intentions are not clean and bonafide, and that you have fraudulently entered into the said agreement with my client with a view to cheating him, and having induced my client in this regard, you took the amount of Bayana/token amount from him and thereby deceived him of the said amount.
6.That my client was always ready and willing, and is still ready and willing, to complete his part of the obligations under the aforesaid deal, subject to you performing your part of the agreement. My client always had the funds ready to pay to you, the addressee, the balance amount to complete the deal, and repeatedly approached you and offered to pay the balance sale consideration and to have the documents of the property executed in his favour, but you, the addressee, did not pay any attention towards the execution of the sale deed in respect of the aforesaid property.
7.That it is crucial for you to understand that such a unilateral breach of the agreement has serious legal consequences. As per the prevailing legal norms, you are obligated either to perform your part of the obligations and proceed to sell the said property in favour of my client for the agreed consideration of Total sale consideration, or, in the event of non-performance, to pay double the amount of the bayana, totalling Double the bayana amount, as a penalty for breach of contract.
8.That from your conduct, it is very clear that your sole intention in executing the deal/agreement was to cheat my client by fraudulently inducing him to pay you Bayana/token amount, and to usurp the said amount, thereby causing wrongful gain to yourselves and wrongful loss to my client. You took no steps to proceed further with the deal. You, the addressees, are also liable to criminal action for cheating my client, for which my client will proceed against you both in accordance with law, as advised.

I therefore, by virtue of this notice, call upon you, the addressee, either to pay Bayana/token amount to my client, or to execute the sale deed in respect of the subject property along with the requisite documents, within Compliance period in days days from the receipt of this notice, failing which my client shall be constrained to initiate appropriate civil as well as criminal proceedings against you, the addressees, which may include the filing of a civil suit seeking specific performance of the agreement and criminal charges for breach of contract, or as may be advised, which shall be solely at your risk, cost and expense, of which please take note.

This notice is issued without prejudice to the rights and remedies of my client, and all costs and consequences resulting from your non-compliance shall be solely your responsibility.


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