LEGAL NOTICE TO A BUYER UNDER AN AGREEMENT TO SELL NOT TO DEAL WITH THE PROPERTY UNDER THE AGREEMENT TO SELL TILL FRESH CHEQUES IN LIEU OF THE OUTDATED DEMAND DRAFT ARE ISSUED BY THE BUYER
LEGAL NOTICE TO A BUYER UNDER AN AGREEMENT TO SELL NOT TO DEAL WITH THE PROPERTY UNDER THE AGREEMENT TO SELL TILL FRESH CHEQUES IN LIEU OF THE OUTDATED DEMAND DRAFT ARE ISSUED BY THE BUYER.
Regd. A.D/Speed Post/ Courier
Dated: …………
(1) Mrs. _________ D/o Shri __________ R/o _________ (Addressee No.1)
(2) M/s________________., through its Principal Officer Mrs. __________ D/o Shri ___________ R/o _____________ (Addressee No.2)
(3) M/s________________., through its Principal Officer Mrs. ___________ D/o Shri _________ R/o _________________ (Addressee No.3)
(4) Mr. ___________________, M/s ___________________.
R/o._________________________________________
(Addressee No.4)
(5) Mr. ___________________, M/s ___________________.
R/o.__________________________________________
(Addressee No.5)
(6) Mr. ___________________, M/s ___________________.
R/o.__________________________________________
(Addressee No.6)
LEGAL NOTICE
Dear Sir / Madam,
Under instructions of my client Mr. _______ son of Mr. ________, resident of _______, __________________, I am serving upon you the following legal notice :-
(1) That you are aware that my client Mr. ____ & his Ex wife Mrs. ______, are joint owner of various properties in India and abroad.
(2) That you are also aware that there existed certain Matrimonial and other disputes relating to sharing of the Joint Properties between my client Mr. _____ & his ex-wife (Mrs. _______).
(3) That Addressee No.____ is a great acquaintances of my ex-wife (Mrs. _____) and she has a total control and influence on my ex-wife (Mrs. ______) who for all matters is seeking guidance, instructions & financial help of Addressee No.______ from time to time which is required by ex-wife (Mrs. _______).
(4) That amongst various properties owned by my client and his ex-wife (Mrs. _____) in India & at ______, my client and his ex-wife (Mrs. ____) are also the Joint Owner of the property bearing Plot No. ______, admeasuring ______ Sq. Yds. ______.
(5) That the Addressee No.______ & her son have been involved in various criminal cases in India and at ______.
(6) That Addressee No._________ alongwith their employees/directors /officers namely (i) Mr. _________, Addressee No.__, (ii) Mr. _______, Addressee No.___ (iii) Mr. _______, Addressee No.__ and (iv) my client’s Ex wife Mrs. __________, have all connived and colluded together and hatched a deep rooted criminal conspiracy with an intent to cheat my client Mr. _________ and cause wrongful loss to him and wrongful gains to Addressee No.________ and Mrs. _____ (Ex-wife of my client).
(7) That the Addressee No.___ alongwith my client’s ex-wife (Mrs. ____) had come to India sometime in ______ and under a deep rooted conspiracy hatched by the Addressee No.___ alongwith Addressee No.____, Addressee No._____, Addressee No.____, Addressee No.____ & Addressee No._____ and my client’s ex-wife (Mrs. _____), the Addressee No._____ approached my client and assured & represented him that the Addressee No._____ will resolve all the disputes between my client and his ex-wife (Mrs. _____) and the Addressee No.___ further approached my client and assured and represented him that in case my client alongwith his ex-wife (Mrs. _______) sell the Plot No. ______, admeasuring ______ Sq. Yds. ______ to M/s _______, Addressee No._________, a company owned by Addressee No.______, in which Addressee No.__, Addressee No.__ & Addressee No.___ are working, she will resolve all the disputes between my client and his ex-wife (Mrs. ______).
(8) That on the assurance and representation of the Addressee No.____, my client agreed to sell the Plot No. ______, admeasuring ______ Sq. Yds. ______ to M/s ___, Addressee No.______, vide Agreement to Sell dated ______ for a sales consideration of Rs.______/- & the said Agreement to Sell dated ______ was executed between my client alongwith his ex-wife (Mrs. _____) with M/s ______, and the same was signed by the Addressee No.____, as Principal Officer of the said Company.
(9) That my client had categorically informed the Addressee No.______, that there is a ___________ order in respect of the said Plot passed by Ld Civil Judge, ______, and the Addressee No.___, however, told my client that prior to the registration of the Sale Deed my client should get the said ______ order vacated from the Court of Ld Civil Judge, ______. My client under the assurances & representations given by the Addressee No._____, agreed to the same and got the Status Quo Order Vacated. My client however, till that time was not aware that the Addressee No._____ alongwith her company/employees/directors/officers (Addressee No._______) and his Ex-wife _______ have connived and colluded together and have hatched a deep routed conspiracy with an intent to cheat my client and cause wrongful loss to my client and wrongful gain to Addressee No.______ and my client’s Ex- wife. The Addressee No.____ was also aware that my client is under great financial stress because there are certain pending loans of over about Rs. _____ crores to be paid to ___bank and in case the said loans to the ___bank are not paid the ___bank would auction the property known as Flat No. ______ and Parking No. _________, “______”, ______, ______, ______, _________ admeasuring ______ Sq.Mtr., which is jointly held by my client and his ex-wife (Mrs. _____), which would cause a loss of Rs. ______ to my client. The Addressee No.__ to 6 were also aware of the further financial crises of my client who has to pay certain outstanding dues of approx. _____ crores to ______ in respect of the property known as Flat No. ______ A and Parking No. _____________, “_________”, ______, ______, ______, admeasuring ______ Sq. Mtr., and the Addressee No.______ were also aware that in case the said amount of Rs. ______ crores is not paid to ______, the ______, will resume the said property with the result that my client would suffer a loss of over ______ in respect of the said property.
(10) That the Addressee No.1 knowing fully well of the above financial crisis of my client and also knowing that due to these financial crisis my client would further run into loss of about Rs. ______, the Addressee No._____ taking full benefit of the situation hatched a deep routed conspiracy alongwith Addressee No.______ & my client’s ex-wife Mrs. ____ & hence persuaded my client to sell the said Plot No. ______, admeasuring ______ Sq. Yds. ______ to the Addressee No._______ on the false assurances and representations that Addressee No._____ will get Matrimonial and other disputes resolved between my client and his ex-wife. The Addressee No._____ is aware that due to the said deep rooted conspiracy my client was lured and induced to enter into an Agreement to Sell dated ______ for the sale of the said Plot with the Addressee No._______.
(11) That my client was not aware of the said deep rooted conspiracy, the nefarious design and ill deeds of the Addressee No.______ and my client’s ex-wife (Mrs. _______), that Addressee No.________ intended only to get all the documents of the said Plot transferred in the name of the Addressee No._______ without making full payment of total sales consideration of Rs.______ crores agreed under the Agreement to Sell dated ______. The Addressee No._____ were aware that as per the Agreement to Sell dated ______ a total sales consideration of Rs.______/- was agreed to be paid by Addressee No._______ to my client and his ex-wife out of which an amount of Rs.______/- only was paid by the Addressee No._______ as per the details given below:-
(i) Towards payments of loan of ___bank
DD No._______ dt.______ favouring
___bank Loan # ______ : Rs.______
DD No.______ dt._______ favouring
___bank Loan # _______ : Rs.______
DD No.______ & DD No.______
both dated _____ favouring
_____ & ____ for Rs.______ each : Rs. _____
DD No.______ dated _____ favouring
____ & ____ : Rs.________
Total :Rs.______
The balance amount of Rs.______ crores have still not been paid by the Addressee No.________ to my client and his ex wife. You the Addressee No.________ therefore have been successful in your conspiracy and have been successful in cheating my client by causing wrongful loss to my client and wrongful gain to the Addressee No._______ my ex wife Mrs. _________.
(12) That the Addressee No.1 further represented my client that though in the Agreement to Sell dated ______, the amount of transaction is shown for Rs.______ crores but in DLF ______ the circle rate for the registration of the Sale Deed of the said Plot is Rs.______ crores & therefore the Sale Deed will be registered for Rs.______ Crores as in that case, the Addressee No. ____ shall be liable to pay the Stamp Duty only on Rs.______ Crores and not on Rs.______ Crores. My client told the Addressee No. _______ that since the payment of Stamp Duty is the liability of the Addressee No. __ & Addressee No._____, my client & his ex-wife shall not have any objection to sign the sale deed for Rs.______ crores provided the Addressee No.______ pay my client & his ex-wife the total amount of Rs.______ crores by Cheque. The Addressee No._______ agreed to the same. The Addressee No._______further told my client & his ex-wife that the Addressee No. _____ & Addressee No. _______ will out of the sale consideration of Rs.______ crores first make all the payment of outstanding loan of Rs.______ crores of my client & his ex-wife directly to ___bank & the Addressee No. ___ & Addressee No. ____ will make the balance payment of Rs.______ jointly in the name of my client & his ex-wife to be deposited in the Joint Account No.______ of my client & his ex-wife Mrs. ______ with the ___bank so as to pay the outstanding dues to ______. That out of the total sales consideration of Rs.______ crores the Addressee No. ___ to Addressee No. __ till ______ paid an amount of Rs.______ to my client & his ex-wife Mrs. _____ and agreed to pay the balance amount of Rs.______ crores to my client & his ex-wife Mrs. _____ in ____ days. The Addressee No. __ to Addressee No. __ requested my client & his ex-wife to register the sale deed for Rs.______ crores which was done by my client & his ex-wife Mrs. ____ on ______. However the balance amount of Rs.______ crores have till date not been paid by the Addressee No._ to _ to my client and his Ex-wife resulting in causing wrongful loss to my client and wrongful gains to Addressee No.______to ___.
(13) That my client is definitely of the apprehension that his ex-wife (Mrs. _____) is working under influence / collusion and connivance with Addressee No._ to _ and all of them have under a deep rooted criminal conspiracy with an intention to cause wrongful loss to my client Mr. ____ and wrongful gain to Mrs. ____ and Mrs. _____, have ensured that the aforesaid Demand Draft could not be deposited before ______ and it becomes outdated on the expiry of ___ months so that the Addressee No._ to __ could approach bank of ________ for the cancellation of the said Demand Draft and re-credit of the INR______/- in the Account of the Addressee No.__.
(14) That my client is also definitely under the apprehension that under the said deep rooted criminal conspiracy hatched between the Addressee No.__ to __ & Mrs. ____ and all of them in connivance and collusion with each other would arrive at some settlement whereby Addressee No._ to __ would pay any lesser amount than the value of the said Bank Draft of INR______/- to Mrs. ____ (ex-wife of my client) with the intention to cause wrongful loss to my client and wrongful gains to Addressee No.__ to ___ and _______. In case the Addressee No.__ to _____ and Mrs. ______ succeeds in their nefarious designs and ill deeds, my client Mr. ___ would be left with no other option but to initiate criminal and civil proceedings against both Mrs. ___ and Mrs. _______ at the appropriate time.
(15) That further the Cheque No.______ dated ______ for Rs.______/- favouring “_______ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” drawn on ______ Bank, _______ Branch, __________, and an amount of Rs.______/- were required to be deposited with ___bank in the Account No.______ which was jointly held in the name of my client _____ and his ex-wife (Mrs. ______).
(16) That for some reason the said Account No.______ with ___bank become Non-operational as my client _______ and his ex-wife (Mrs. ______) were required to pay certain pending loan of Rs.______/- to ___ bank and also my client and his ex wife ______ were required to sign certain documents with ___bank for operation of the said Account. While the loan of ___bank amounting to Rs.______/- was paid by the Addressee No._______ to ___bank vide Demand Draft No.____ dated ______ for Rs.______/- favouring ___bank Loan #______ and vide Demand Draft No.______ dated ______ for Rs.______/- favouring ___bank Loan # ______ and the said amount of Rs.______/- was deducted by Addressee No._____ out of sales consideration payable for the sale of the said plot. Further my client ______ has signed all the documents with ____bank but however, Mrs. _______ (my client ex-wife) acting in Connivance/collusion and under influence of Mrs. ______ in furtherance of their common malafide intentions and with ulterior motives backed out to sign the documents before _______bank with the result that the said Bank Account could not be made operational and therefore, the said Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_______ A/c ______” drawn on ______ Bank, ______Branch, ___, could not be deposited with ____bank and as a result thereof the aforesaid Cheque No.______ dated ______ for Rs.______/- favouring “______ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” drawn on ______ Bank, _____________ Branch, ___, have become outdated on ______, because as per the Indian law the validity of all negotiable instruments is ____ months from the date of execution.
(17) That my client is definitely of the apprehension that his ex-wife (Mrs. ______) is working under influence / collusion and connivance with Addressee No.__ and both of them have under a deep rooted criminal conspiracy alongwith Addressee No.___ with an intention to cause wrongful loss to my client Mr. _____ and wrongful gain to Mrs. _____ and Addressee No._______ have ensured that the aforesaid Cheque No.______ dated ______ for Rs.______/- favouring “_______ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_______ A/c ______” drawn on ______ Bank, Branch_____________, could not be deposited before ______ and it becomes outdated on the expiry of _____ months so that Mrs. ______ could approach the Addressee No._______ for issuance of fresh cheques in her name in lieu of Cheque No.______ dated ______ for Rs.______/- favouring “______ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” drawn on ______ Bank, Branch__________________.
(18) That my client is also definitely under the apprehension that under the said deep rooted criminal conspiracy hatched by the Addressee No.________, the Addressee No._______ & Mrs. _______ in connivance and collusion with each other would arrive at some settlement whereby the Addressee No._________ would pay any lesser amount than the value of the said Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “______ A/c ______” drawn on ______ Bank, Branch_______________, to Mrs. ________ (ex-wife of my client) with the intention to cause wrongful loss to my client and wrongful gains to the Addressee No.______ and ______. In case the Addressee No._________ and Mrs. ______ succeed in their nefarious designs and ill deeds, my client Mr. ________ would be left with no other option but to initiate criminal and civil proceedings against all of you and Mrs. ________ at the appropriate time.
(19) That in view of the aforesaid my client hereby NOTIFY you all that till fresh cheques in lieu of Cheque No.______ dated ______ for Rs.______/- favouring “______ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” drawn on ______ Bank, Branch_____________, alongwith the amount of Rs.______/- of out dated Demand Draft No._______ dated ______ and the balance amount of Rs._________/- still payable under the Agreement to Sell dated ______, is paid by you to my client and his Ex wife ________ by issuance of Demand Draft in their joint names, you shall not be entitled to deal with the said plot and my client reserves the right to initiate such civil and criminal action at appropriate time as may be advised. My client shall also claim interest from you on all the amounts forming part of Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” and Cheque No.______ dated ______ for Rs.______/- favouring “_____ A/c ______” drawn on ______ Bank, Branch_____________, and the balance amount of Rs.______/- of the outdated Demand Draft No.________ dated ______ and Rs.________/- payable under the Agreement to Sell dated ______. You may kindly also note that in case the above payments are not paid with _____ days from the receipt of this letter it would be presumed that the Addressee No._____ alongwith my client’s Ex wife Mrs. ______, have all connived and colluded together with an intent to cheat my client Mr. ______ and cause wrongful loss to him and wrongful gains to Addressee No.___ and Mrs. ______ was correct and therefore my client would be left with no option to initiate such civil & criminal proceedings against all of you as advised on appropriate date and time. Kindly note that my client shall also lodge a complaint with the Revenue Authorities of Government of Haryana for the evasion of Stamp Duty by Addressee No.______ causing wrongful loss to the exchequer and wrongful gain to the Addressee No.________.
Take Notice Accordingly
(______________)
Advocate
CC to
Mrs. ______________________________.
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