Ref: JD/101/2015

16th September
2015
By Registered Post A.D. / Speed Post
Without Prejudice
To,
Soni Jaysukhlal Shantilal
Near Mamas Chhipar,
Palitana,
Taluko: Palitana
District: Bhavnagar
Dear Sir,
Subject:

Legal Notice

Reference:
1. The Satakhat An Agreement to sell of
the Land (Non-agricultural) dated 14th of
August 2014
I, the undersigned, under the instructions of my client, Shree
Jagjivanbhai Lakshmanbhai Umaralia, aged 82 years, Hindu,
Indian, Occupation: Retired; having its registered residential address
at Bungalow No. 35, Jaldhara I - Bungalows, Near Pushpak
Bungalows, Opposite: Bopal Gram Panchayat, Bopal, Ahmedabad ,
Gujarat; India, I am addressing this legal notice to you, among other
things, for your wilful failure and deliberate action of breaching the
terms and conditions of the agreement resulting into breach of trust
and fraud towards my client.
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1. That the details of the Land in dispute is enumerated herein

below:
1.1.

Non- Agricultural land with the vicinity of Bhavnagar

District situated at Palitana Gam, Taluka, Palitana bearing

Revenue Survey No. 297 admeasuring 9713.42 Sq. Ft.
known as Gunoday Puram; out of which from Plot. No. 5 to
Plot. No. 13 admeasuring in total 1049.42 Yards.
2. That you along with Soni Suryaben Jaysukhlal, Soni Jigneshbhai
Jaysukhlal,

Soni

Hardikbhai

Jaysukhlal,

Soni

Bhavinbhai

Jaysukhlal have entered into an agreement to sell the land

mentioned above with my client by way of an agreement to
sell (Satakhat) dated 14th of August 2014.
3. That under the terms and conditions of the same, a valid due
consideration in monetary form having huge worth is been
paid to you all, in presence of you all with an honest intention
to purchase the said Land.
4. That it was also mutually agreed between the parties that the
documentations and other formalities including registration
would be executed in due course of time.
5. That, however, even though its been more than a year today
from the date of an agreement, even after various attempts by
my client to pursue you to execute the final Sale Deed in
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favour of my client and implement the agreement dated

14.08.2014, you, all have kept on delaying the same by
making frivolous trivial excuses.
6. That the wilful inaction on your part has given birth to the
reasons into the mind of my client and upon the investigation,
my client has come to know that, you have along with the
parties to the agreement have committed fraud with my client
specially by breaching the terms and conditions of the
agreement. Upon the investigation by his resources my client
has come to know that you all have hidden the very fact that
earlier to the agreement dated 14.08.2014, you all (the same
parties) have entered into the same kind of Satakhat with
another person named Navinchandra Khimaji Nagda for Plot
No. 5 to 11 for the same property on 04.04.2014.
7. That at the time of agreement with my client, my client was
kept completely into dark and has never been disclosed the
information as to the same parties have entered into an
agreement to sell for the said property bearing Plot No. 5 to 11
and have also taken a valid consideration to that effect. My
client is shocked to know that even after a satakhat which
existed earlier, the agreement was entered including the said
property which was already promised to sell by way of an
agreement

dated

04.04.2014.

The

height

was

reached

because the valid consideration was also taken from Mr.

Nagda.

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8. That upon realisation of the same, my client personally visited

the said land and to the at most shock and surprise, my client
came to know that upon the said land i.e. from Plot No. 5 to
Plot No. 11, the construction is already on the verge of
finishing. My client has all the reason to believe from the
investigation that, the said land is sold to some third party
which was never a part or person interested at the time of
Satakhats in question. The step-by-step process undertaken
by you all clearly depicts the criminal intention of you all and is
in facto sufficient.
9. That under the circumstances, I, therefore, call upon you
through this legal notice to explain immediately within a period
of 15 days from the date of receipt of this legal notice,
explaining the reasons as to why civil and criminal actions
shall not be initiated against you, failing which my client shall
constrained to file appropriate proceedings against you in the
court of law and in that event you shall be responsible for all
costs, risks and responsibilities which you please note well.
Kindly note that time is the essence and has to be complied
with in strict sense.
10.

That my client reserves all the rights and liberty to

mention the facts and truth on record as and when required

along with the documentary evidence of them. Please note
that, this is a notice with a view to reconcile the talk on papers
so that, the amicable settlement can be worked out. Hence,

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my client reserves liberty to bring them on record in case

needed.
11.

A copy of this legal notice is retained in my office for

record and further necessary action.

12.

Further, any other kind of harassment or silence or

inaction from you towards my client and/ or the parties to this

notice or any endeavour would be taken as mental harassment
of my client resulting into litigation in the appropriate court of
law.
Kind regards,
Jagruti Dekavadiya, Advocate
Managing Partner

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