LEGAL NOTICE TO A BUYER UNDER AGREEMENT TO SELL EXECUTED BETWEEN A HUSBAND AND AN EX WIFE AND THE BUYER FOR NOT ISSUANCE OF A FRESH DEMAND DRAFT ONLY IN THE NAME OF EX WIFE IN LIEU OF A DEMAND DRAFT WHICH HAS ALREADY BECOME OUTDATED AND WHICH WAS ISSUED JOINTLY IN THE NAME OF HUSBAND AND EX WIFE
LEGAL NOTICE TO A BUYER UNDER AGREEMENT TO SELL EXECUTED BETWEEN A HUSBAND AND AN EX WIFE AND THE BUYER FOR NOT ISSUANCE OF A FRESH DEMAND DRAFT ONLY IN THE NAME OF EX WIFE IN LIEU OF A DEMAND DRAFT WHICH HAS ALREADY BECOME OUTDATED AND WHICH WAS ISSUED JOINTLY IN THE NAME OF HUSBAND AND EX WIFE.
Regd. A.D/Speed Post/ Courier
Dated: …………
1. ______________Bank
______________ Branch
Address_______________
2. ______________Bank
______________ Branch
Address_______________
Kind Attn. Ms. ________, Bank Code _______ Authorised Signatory.
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 my client Mr. _____ is a victim of Criminal Conspiracy hatched by one Mrs. _________ D/o ___________ alongwith her employees/directors /officers namely (i) Mr. _________, (ii) Mr. ________ and Mr. _______ and (iv) my client Ex wife Mrs. ________ all of whom have connived and colluded together with an intent to cheat my client Mr. _________ and cause wrongful loss to him and wrongful gains to Mrs. _________ and Mrs. __________.
(2) That under the instructions of the said Mrs. _________ D/o __________ your Bank had issued a Demand Draft No._______ dated _______ for INR _________/- drawn in favour of _____ & _________ (Ex wife of Mr. ________) which is payable at, _______________________.
(3) That the aforesaid Demand Draft No._________ dated _____ for INR_________/- have been issued in the Joint name of my client & his ex-wife (__________).
(4) That the said Demand Draft of INR _________/- has been given to my client Mr. ______ and his Ex wife ________ by Mrs. __________ as part sales consideration arising out of the Agreement to Sell dated _________ executed between my client Mr. _________, his ex-wife (Mrs. ________) AND M/s _________., having its office at ________- (a Company controlled by Mrs. ______ D/o Sh. _________), and vide the said Agreement to Sell dated _________ my client Mr. ______ and his Ex wife Mrs. _______ have sold Plot No.______ on Road _____, measuring Plot Area ____ Sq Mtr. Situated at _____________- (hereinafter referred to as the “said Plot”) to the said _________.
(5) That there existed certain matrimonial and other disputes relating to sharing of the Joint Properties between my client Mr. ______ & his ex-wife (Mrs. _______) which were being resolved through the mediation of Mrs. _______. The said _________ on whose request the said Demand Draft of INR_________/- had been issued by your Bank M/s _________ (a company of Mrs. ________), alongwith her employees/directors /officers namely (i) Mr. _______, (ii) Mr. _________ and Mr. __________ have connived and colluded with Mrs. ______ and hatched a criminal conspiracy with an intent to cheat my client to cause wrongful loss to my client and wrongful gains to themselves (i.e. Mrs. _____ and ______), and with the said intentions Mrs. _______ made false assurances and representations to my client that Mrs. _________ will resolve all the disputes of my client with Mrs. __________ and as a part of the said criminal conspiracy Mrs. _________ alongwith her employees/directors /officers namely (i) Mr. ____________, (ii) Mr. _________ and Mr. __________ and (iv) my client Ex wife Mrs. ______ induced my client to sign a Agreement to Sell dated _________ with M/s _________ (a company of Mrs. ______) for sale of the said Plot and its was on the request of the said Mrs. _________, the abovesaid Demand Draft of INR_________/- was issued by your Bank towards payment of part sales consideration forming part of sales consideration of the Agreement to Sell dated _________.
(6) That the said Mrs. _______ (under whose influence, control and connivance my ex-wife (Mrs. _________ has been acting) had assured and represented to my client _________ that she will resolve all the disputes between my client and his ex-wife (Mrs. _______), and it was based on the said assurances and representations of Mrs. _______ that my client Mr. _______ agreed to sell the said Plot to _________., through her Principal Officer Mrs. _________, through a Agreement to Sell dated _________.
(7) That the aforesaid Demand Draft was 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. __________).
(8) That for some reason the said Account No._______ with Citibank NA become Non-operational as my client ______ and his ex-wife (Mrs. _______) were required to pay certain pending loan of Rs._________/- to Citibank 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 Mrs. _________ to ____________Bank vide Demand Draft No.________ dated _________ for Rs.__________/- favouring ________ and vide Demand Draft No.______ dated ________ for Rs._________/- favouring ___________ and the said amount of Rs._________/- was deducted by Mrs. _____ 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 Demand Draft No._________ dated __________ for INR_________/- could not be deposited with _______ Bank and as a result thereof the aforesaid Demand Draft No._________ shall become outdated on _________, because as per the Indian law the validity of all negotiable instruments is ___ months from the date of execution.
(9) That my client is definitely of the apprehension that his ex-wife (Mrs. ________) is working under influence / collusion and connivance with Mrs. _________ and both 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 Mrs. ________ could approach your Bank for the cancellation of the said Demand Draft and re-credit of the INR_________/- in the Account of Mrs. _______.
(10) That my client is also definitely under the apprehension that under the said deep rooted criminal conspiracy hatched between Mrs. _______ & Mrs. __________ and both of them in connivance and collusion with each other would arrive at some settlement whereby Mrs. ________ 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 Mrs. _____ and _______. In case Mrs. ________ 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. In case your bank also joins Mrs. _______ and Mrs. ___________ to fulfill their nefarious designs and ill deeds by cancelling the said Demand Draft and re-credit of the INR_________/- in the Account of Mrs. ____, my client will be left with no other option but also initiate civil and criminal proceedings against your Bank and the officers involved therein.
(11) That in view of the aforesaid I under instructions of my client Mr. _______ NOTIFY you as under:-
(i) not to cancel the Demand Draft No._________ dated _______ for INR_________/- issued by your bank in the name of _____ & _______ (ex-wife of my client) and/or
(ii) not to re-credit the INR_________/- to the account of Mrs. _______ and /or
(iii) not to issue any other Demand Draft / Instrument in lieu of the aforesaid Demand Draft No._________ dated ________ for INR_________/-.
(12) That my client further NOTIFY you to keep the aforesaid amount of INR_________/- deposited with you both in the joint name of ____ & ______ in the form of Fixed Deposit and/or any other Account (by whatever name called) which would accrue interest on the amount of INR_________/- and the said amount alongwith interest be continued to be held by the Bank in the name of my client _____ & ______ till both Mr. _____ and _______ jointly approach your bank and/or approach Mrs. _______ for renewal / revalidation and/or encashment of the said Demand Draft of INR_________/- and you also receive a written confirmation from the undersigned. My client further NOTIFY you that in case any joint request is received by you from my client Mr. _____ & Mrs. _______ which is signed by both of them, then the Bank would be permitted to revalidate the Demand Draft after seeking necessary confirmation from the undersigned who is representing as the Advocate of my client. My client shall also claim interest from your Bank on the said amount of INR_________/-
Take Notice Accordingly
(_________________)
Advocate
CC to:(i) Mrs. ______ D/o Shri _________ R/o _______________
(ii) Mrs. ___________________________
(iii) ____________________., through its Principal Officer Mrs. ___ D/o Shri _________ R/o __________________
(iv) _____________________, through its Director ________son of Shri _____________ R/o __________________.
(v) ________________., through its Principal Officer Mrs. ____ D/o Shri _______________________.
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