• Refund of bayana amount

I have paid RS 5 lakh cash  as bayana for a flat (1st floor,100 sqyrd  in meenakshi garden) on 16th feb 2016. the cost of agreement is Rs 49 lakh . the bayana is made on Rs 50 e stamp paper and the receipt is duly signed by the seller on 5 rs stamp with one witness of his son . The bayana  validity is till 20 th may 2016

The actual property is in 200 SQyd and divided in two equal parts. The seller is having one of the part. The bayana stated that the property is free from all litigations, mortgage etc  etc.

I have applied for loan against the property in 2 banks and also paid for it  . It got rejected due to two issues:-

1)No map of construction 

2) Technical fault : MCD has listed the property GF( entire GF) as unauthorized construction in its website in 2002 . 

The property is freehold and all other legal docs are ok .The seller told that he can arrange the loan ( need to pay 1-2% commision to agent) but i don't want to enter in the deal due to uncertainties involved.

Now the seller is resisting to pay back the bayana amount ,stating that he has forwarded the money as bayana to his seller and he is not having money. He also states that you can go and challenge it legally . 

Kindly let me know how to proceed now in this case and chances of getting money back and lastly how much time it will take in legal procedure.
Asked 9 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) you can terminate agreement and call upon seller to refund your advance money paid by you on grounds that construction is unauthorised 

2) enclose copy of letter received from bank rejecting yiur loan application 

3) if seller refuses to refund file summary suit fir recovery of money with interest 
Ajay Sethi
Advocate, Mumbai
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Unless there is a clause in the agreement which provides for forfeiture of bayana paid the same is to be refunded to the buyer if the agreement is cancelled. Issue a lawyer's notice for cancellation of agreement to the seller to seek the refund. If he does not refund then a suit for recovery of money can be filed against him.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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The property seems to have been constructed without approved plan and if it was approved the deviation in construction are beyond regularisation by the authority.
The bank rightly rejected to offer loan.
The vendor cannot say that he cannot refund the advance amount.
You can drag him to the police station with a criminal complaint for cheating besides filing a money recovery suit with interest for the amount paid as advance.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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