Yes you can claim your deposit back
My father has paid a deposit for some land in Punjab in 2009, he now has deceased in 2019. Both buyer and seller lives in the UK. We have POA for the land The 3 son's of the deceased. We do not wish to proceed with the sale and pay £500k for some land we do want. A deposit of £100k has been paid. Are we legally obliged to continue with the sale? If we do not, can we expect our deposit to be returned.
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Yes you can claim your deposit back
It is necessary to peruse terms of agreement entered into by your father with the seller to advice
it is doubtful you would get refund of your advance money after 11 years
The POA of your father granted to the sons come to an end and is of no effect after demise of the father
so the sons now cannot use that POA
However the seller can enforce the contract against the legal heirs of the buyer i.e. his 3 sons
the buyer or in the event of his demise cannot just unilaterally terminate the agreement or vary or modify its terms and then seek a refund of the deposit
the termination has to be done as per the contract executed between the seller and your father
if its stated in the contract that if the buyer fails to pay the balance purchase price within some stipulated period then the seller will be entitled to forfeit the deposit and thereafter be free to deal with the property in any manner he likes
so please check the contract and then accordingly terminate the contract
if a party to a contract were allowed to act unilaterally without concurrence of other party then the whole purpose of making a contract would be rendered illusory
1. Well, sale agreement does not warrant completion of sale and hence before the sale deed is registered ny of the parties can retract in going ahead with the sale.
Therefore you can equally refuse to purchase the sale.
However in such context whether you would be entitled to get full or part refund is to be governed by the terms of the sale agreement.
1. Children (legal heirs) of Deceased Father, may send Legal Notice to Seller party, stating the facts and wishes to revoke /rescind the deal made with your father and return of relevant advance amount paid to seller party.
2. In typical circumstances and IF there are no motives of dispute, the Seller party should return the advance amount to you via a proper settlement deed, consequent to which seller may scout for another buyer party.
3. IF Seller is non-cooperative, THEN only option is to file a local Civil Court suit for Recovery of the advance amount paid to seller party.
You may file a case for Specific Performance with application for condolation of delay
If you do not want to proceed further with the sale deed than can ask first seller means legal heirs of deceased seller, that they will return the amount or by arrange new buyer and than going to pay or you will arrange new buyer and sell the land accordingly market rate and pay them amount and take whatsoever you remaining amount it may be £100k or more or less its upto you.
My father has paid a deposit for some land in Punjab in 2009, he now has deceased in 2019. -- Are you buying ?
Both buyer and seller lives in the UK.- Than who are you ?
If your father had paid some amount towards the purchase of the property in the year 2009, why did not take any steps for around 10 years before his death to enforce the sale registration of the property he proposed to buy?
Do you have any sale agreement ?
The POA if given on the name of your father then it is not valid and it automatically stands cancelled on the death of the power of attorney holder.
If the property is in your possession then you can ask the owner to take back the property and return the booking amount.
If he is not agreeing then you don't leave the possession of property till such time he arrives for a compromise settlement.
The POA is not a title document hence even as a legal heir you cannot claim title to the property on the basis of this POA deed.
Even the unregistered sale agreement or registered sale agreement is valid only from three years.
If there is no agreement to sale have been done than you can back off.
No you are not if there is no agreement to this effect and also since your father is dead the poa ceased to exist so you can ask the other party to return the deposit.
1. The POA executed by your late father has become invalid after the demise of your father.
2. So, it is not binding on you that you shal have to buy the said land and make payment any further.
3. You can also9 file a suit claiming back the amount already paid by your father if there is no forfeiture clause in the agreement your father had sighed for buying the said land.
1. Depends on the agreement executed between buyer and seller.
2. You are bound by agreement executed by your deceased father if there are conditions for termination or cancellation of agreement then you can cancel the agreement and demand refund of advance paid Otherwise you cannot demand refund of advance paid.
Please note it is necessary to look into the documents to provide proper guidance.
1. The terms agreed between buyer and seller in the sale agreement needs to be seen in this case, if the seller is ready to refund the amount you may cancel the agreement and seek a complete refund.
If it was an agreement to sell then the seller may be contacted and told that you don't wish to buy the land. THe money be returned.
An agreement to sell is an obligation to perform your part of the agreement unless it is impossible to perform the agreement.
He may go to court to enforce the agreement to sell. Otherwise you may compensate him and he will release you from the obligation.
You are suggested to send your intimation that after death of your father the said said is no longer beneficial for you and you are required to cancel the same and get the refund of the amount.
- Since, your father has paid amount for purchasing some land , then if having proof of payment , then after his death being legal heir you can claim the same from the seller .
- However the recovery period is 3 years from the date of payment or agreement if any