Forced forfeiture of token amount
Hello
This relates to a recent property transaction I was involved in Mumbai. I agreed with a person to buy his property in Goregaon west for Rs.2.9 crore. As part of the deal, I signed an MoU with him which listed terms and conditions of the sale. I also paid him Rs.17 lakh as part payment. This flat was given on rent at time of transaction.
Since I lived nearby I found out that the tenant was going to delay vacating the house. When I found this out, I wanted to back out of this transaction because it was not clear when I will get the possession. I immediately called the bank and stopped the payment on the Rs.17 lakh that I had paid the seller.
However, now the seller is not willing to give back the Rs.1 lakh that I had paid him as a token amount. I have spoken with him a couple of times and the seller is refusing to return the token amount.
The MoU (which i understand has no legal validity) has no forfeiture clause and is signed by the seller and I have the original with me.
I wanted to ask if I have any legal options to recover this money?
The flat in question was finally purchased recently by the tenant.
Thanks
Mahesh
Asked 9 years ago in Property Law
Religion: Hindu