• Plot owner not returning advance

Dear Sir,

   We have given an advance of 12,50000/- for a plot owner and did a sale agreement last year February. We got documents and I submitted the same to a lawyer for verification. Lawyer requested  more documents for proper verification and the land owner never provided  and kept on saying the property is genuine and you can buy or make the documents. There was a crook who was mediating this transaction and He kept on saying that He will get the documents this never happened and in August we decided to drop the deal and asked the owner to return the money but the owner kept on telling that he need to get an another buyer to give our money. Already now its  8 months there is no sign of selling the plot from owner side and either returning our money so in this case I want go legally and take action Please suggest me.
Asked 8 months ago in Property Law from Singapore
Religion: Hindu
Hi, you have to file suit for recovery of money with interest to the land owner.

2. Before filling a suit first issue legal notice and if he fail to repay the amount then file a suit.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Well, then you have to cancel the agreement, and demand money back.
If the seller does not return the money then you will have to file a suit under specific Leif act.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) it is necessary to peruse agreement signed by you 

2) generally there is a clause in agreement that seller shall produce original chain of documents for inspection and in the event seller fails to do so and provide clear and marketable title agreement shall be cancelled 

3) cancel the agreement and ask seller to return advance money of Rs 12 .50 lakhs 

4) if he fails to do so file summary suit for recovery of money with interest
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
You have options to file a suit for specific performance in order to make seller perform his part of agreement or file a suit for recovery of money along with damages. If you suspect some fraud then file a police complaint. The suit for specific performance and recovery of money are skilled job and therefore you need to hire an advocate. Police complaint; you can file of your own. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
it does not matter that sale agreement is registered or unregistered , you can file a suit for recovery of money and cancellation of agreement. if you find that paper is not valid and plot owner wants to force you for purchasing this plot you have been protected under section 15 of contract act. in this condition you can file suit for declaration of agreement void u/s 15 and return of money with compensation u/s 73 of the contract act.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
1. You should have collected all the required documents for taking buy decision before paying the said advance,

2. It seems that you have been taken for a ride by the seller,

3. Lodge a police complaint immediately before the local police station against the seller for his cheating you,

4. After that file a Recovery Suit for recovering the paid amount before the civil court,

5. Since there is no construction made on the plot, no case can be filed before the District Consumer Dispute Redressal Forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Why did you give a single penny as advance unless the comprehensive opinion of your lawyer was out? Due diligence is to precede and not succeed the payment of advance when it comes to purchase of a property, but in India people do exactly the opposite.  Be that as it may, now issue a lawyer's notice for refund of money. You will have to file a suit for recovery of money against the builder if he does not honour the demand made in the legal notice. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
It is clear that the property in question is not clear to buy, and therefore the owner is not coming forth in providing you the rest of the documents that will confirm the genuineness of the property.
you have a sale agreement evidencing the payment of money to the owner, file an injunction suit against the owner restraining him from selling or creating third party rights in the said property. Thereafter file a suit for the recovery of money advanced to him together with interest @ 12% pa from the date of payment till the date of filing of the suit, and in the suit seek interest from date of filing of suit till realization.
in this manner you can safeguard your investment from this fraudulent owner.
First and foremost issue a legal notice seeking for refund of your entire amount together with interest, if the owner fails to respond, file the suit as suggested above.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
First of all issue a legal notice to the vendor stating that since he failed to produce the necessary documents that are needed to proceed with proposed purchase of property, you are cancelling the booking and ask him to return the advance of sale consideration amount received by him with nominal rate of interest till the date of settlement and you can initiate recovery process by filing a suit subsequently, if he fails to respond or comply with the demand made.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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