I HAVE PAID SOME TOKEN ADVANCE FOR A PLOT. LEGAL OPINION IS AWAITED FROM MY LAWYER. HOWEVER THE PLOT DEVELOPER IS INSISTING ON ADVANCE PAYMENT TO ENTER IN TO SALE AGREEMENT. HE HAS ASKE ME TO TRANSFER THE AMOUNT TO DIFFERENT ACCOUNT OTHER THAN COMPANY ACCT. HE HAS FORWARDED THE LEGAL OPINION FROM HIS LAWYER SIDE WHERE THE PROPERTY IS FREE FROM ENCUMBERANCE. WHAT SHOULD I DO NOW?
A.Dear Sir,
Please avoid such transfer to different accounts and take opinion of your Advocate on the marketability of the property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If you make payment of any part of the sale consideration to any other's account other than the bank account of the Developer company, then you will face many difficulties in future not only to get back that amount if the Developer failed to comply with the terms and conditions of sale but also for IT purpose and in many other purposes.
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Vaidehi Samant
Responded 2 years ago
A.Don't make any payment to any other account other than company account as the same can result in to a fraud and will be illegal.
Even if you are making some payment to his company account prior to registration of the deed make a Memorandum of Understanding which is like contract with him on stamp paper and get the same attested by notary so that if the registration does not happen and developer denies to refund your money than you have some document to claim your money back.
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