Salam, hello everyone
My father has given biana(5 lacks) of a new house consisted of 4 marla and 250 ft approx the deal via property dealers ended at 33lacks and 25thsnd. We found out that the seller has over priced the property and used 2nd hand bricks and materials while building the house, right noe we we are refraining from registring the house on our name, we poses the original biana document(istam), what legal actions can we take against the seller ??? And can the seller file an fir against us because of not paying him the rest of the money????
These sort of frauds are very common in Pakistani property deals. You should have checked the property condition before entering any agreement. Now you must do whatever is written in the deal paper. Otherwise be prepared for litigation in court, or harrasment by the dealer if he is gunda badmash type.
There must be some clause in your agreement that state the possibility what will happen if the buyer doesn’t pay the remaining amount within the timeline. Normally, the agreement mentions that buyer will have to forget the already paid biana and pay an additional equal biana amount to seller. If that’s the case then seller has the legal right to enforce you to pay an additional 5 lacs (but not all the remaining amount).
One question ???
How do you know the bricks were second hand or the material...
Secondly the over pricing issue should have been dealt with before the agreement.
Most likely you will loose 5 lacs advance money. No point taking the seller to court because he has not done anything wrong. Its you who is backing out.
This is a civil dispute not a criminal matter. No FIR should be possible. However, as Hassan has said you should have done your due diligence before paying bayana. Now you should pay the balance or forget about the 5 lakh. He is threatening FIR to make you forget about the bayana amount. My suggestion is to go ahead with the deal. Second hand bricks even if true is not a big deal.
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Forget about biana and cancel the deal. No body can take action against you. Because you can not arrange the remaining money. Tell them straight forward but don’t say like bricks are second hand or over cost.
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From .
Fayyaz Ahmed.
0324-4054952
It is incorrect that he/she cannot take an action against you. A legal action can be taken depending on the terms and conditions present in the stamp paper that you signed. You should consult a lawyer before taking any step.