Natvarsingh

Dear Brothers,

I am Dr. Natvar Panchal residing at CBD, Navi Mumbai. I have come across a property problem. I wish correct suggestion to the problem.

My son bought a house at native place. He thought of selling it. There was a customer, (Mr. Rakesh Patel who is working as teacher) with whom it was orally agreed that house can be transferred on his name with certain amount as its cost. He should initially, pay Rs. 5 lakhs as token money and subsequently he should pay rest of the amount. We thought that he is right and real customer and even on his request we reduced price by 50k considering his request. But this guy before this occurred already made a commitment to sale the property to Vishnu Panchal at much higher rate. Mr. Vishnu Panchal in good faith and relation, paid him Rs. 5 lakhs cash as token money and the agreement was registered on stamp paper with advocate as notary. Mr. Rakesh Patel who asked us that he needs house for his personal use and he tried to cheat us. He even did not pay complete token money in time agreed upon, leave aside rest of the amount. Mr. Vishnu Panchal, who is ultimate user came to know some fishy and he contacted us and requested us to help him. As my son is owner of the property, agreed with Vishnu Panchal and willing to transfer the property on his name. Now when Vishnu Panchal asks token money which he had paid to Rakesh Patel He and his associate brought pressure and asked my son that if he will not transfer the property as per their say, he has to face dire consequences. When my son tried to talk with Rakesh Patel to resolve the problem he never comes face to face but on phone he fires and abuse us. Rakesh thinks to collect money from Vishnu and after deducting his share, will pay to my son and force to make deed in favor on his name if not on favor of Vishnu Panchal. Otherwise Rakesh and his associate will take serious action on my son. I request all of you to help us in this connection.

I have a questions

(1) As nothing is in written between my son and Rakesh Patel, what right he has got to sale the property to someone else on higher rate without consent of my son? What action my some can take against him?

(2) There is a registered agreement between Rakesh Patel and Vishnu Panchal that he has paid Rakesh Rs. 5 lakh and rest of the money will be paid in due time. What action Vishnu Panchal can take against Rakesh Panchal?

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