1) issue legal notice to seller to refund your money with interest
2) if he fails to do so file suit seek orders to direct seller to refund your money as title is not clear and marketable
Advance payment and agreement for plot registration not honoured
Hi, I wanted to buy some land in the capital region of Andhra Pradesh. Initially I paid the seller a part of the agreed upon sale price (75%). He signed an agreement willing to sell the property if I paid the remaining amount. I was ready to the pay the amount after a few weeks, but the land turned out to be on the prohibited properties list released recently by the government. The registrar office declined to register the land for this reason. So, we asked the seller to return our money and he hasn't done it in 3 months. What are my options? Can I take legal help based on the agreement signed by the seller (My name is mentioned on it, but I didn't sign it)? Thanks.
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
You need to firstly send a notice for refund of amount as restriction on sale was not informed to you if on notice the person fails you need file a suit to recover the amount.
1. Since the seller has no clear title to sell , you are entitled to get full refund of what you paid.
2. SO send a notice of cancellation of agreement and demand refund of your money.
3. If he does not then you have the option of filing civil suit for recovery of money and criminal case of cheating.
4. If you have the proof f payment then lack of your signature on the agreement is no constraint.
For reasons beyond control, money refundable. Liability of seller to offer clear land, hence default cast on him. File police complaint for charting. Civil suit will take time.
You can file a suit for specific performance and make him return your money
you can cancel the agreement of sale after issuing a legal notice to seller. if seller refuse you can drag him to court and file recovery of money along with interest.
You can issue a legal demand notice asking the seller to return the amount obtained as advance from you for the reasons that the property comes under prohibited properties list hence it he could not register the same to him.
Failing to comply with the demand made, you may file a money recovery suit against him in the court of law.
- As per the information mentioned in the present query, makes it clear that though you haven’t signed it but the same has been executed m/ registered.
- But, again there are some possibility that he would contest the same specially its validity.
- You should understand one thing now, that you have paid the amount and if you have any record of the same then you should proceed with the suit if recovery of money before the court of law.
- As fault is at his land not yours and you should be protected because of not becoming the owner yet.
- Rest, would be able to advice more precisely if can get a chance to see the agreement.
Yes you can send him a legal notice for refund of money through an Advocate.
If he still fails to refund the money you can file a recovery suit Under order XXXVII of CPC.
