We paid the agreed amount to get a legal agreement for purchase of a property with 3 months to pay the remaining amount and get the registration done. After a month we found that the land was under litigation and was not converted from cultivation to housing purpose. The property in question is on the outskirts of Bangaluru. We have been asking for refund of the amount from last 3 months, without much success. What is the validity of the agreement document ? in terms of date And what should be my course of action next legally to get my money back?
Hi, You have to issue legal notice ask them to refund the amount which is paid by you as an advance.
2. As the title in the schedule property is defective and more over you have not disclose the fact of litigation before the Court.
3. You have to file suit for refund of the amount with in 3 years from the date of agreement. Before filling a suit, first you have to issue notice.
as per the agreement if it entails cancellation within 3 months due to title being in doubt or litigation in and over the property, then in such cases the seller must and should refund the advance amount without fail, if you have intimated to the seller the circumstances calling for cancellation and also have made several attempts with the seller to refund and if he has been avoiding you, then proceed to issue a legal notice ASAP and give him 7 to 15 days to refund the money together with interest, failing to do so proceed to file a suit for recovery at the earliest.
1. The agreement needs to be seen to advise you properly. The agreement remains valid till its enforcemtn or legal recourse arising out of its breach.
2. If the seller is a builder or commercial land developer you can file case beofre the consumer forum to get refund and compensation. The case before the consumer forum is cost effective and expeditious.
If the seller is an individual then you have to file civil suit for recovery of money.
1) if title to property is not clear and marketable seller is bound to refund your money
2) there must be clause in your agreement of sale that seller covenants that title is clear and marketable and if on investigations tithe is found to be defective seller shall refund advance received with interest
3) you have to cancel agreement and seek refund of money paid by you
4) if seller refuses file suit to recover your advance money paid with interest
1. If as per the agreement of sale entered in to by the buyer with the seller is 3 months then you can cancel the agreement by informing the seller through written communication.
2. But, however, if there is a penalty clause of Breach of Contact, then the amount agreed with the seller has to be adhered to.
3. If there is no such clause of penalty in the agreement of sale, then you can send a legal notice to the seller for returning back to you the advance amount which you had paid to the seller.
4. If specific time for concluding the deal had not been mentioned in the agreement of sale, then the validity would be 3 years.
5.You can go the legal way by enforcing the Specific Performance of the Contract on the Seller by approaching the appropriate Courts of Justice.
You ought to have conducted due diligence before execution of agreement to ensure that the title was free and marketable. You should now issue a lawyer's notice to the seller to refund your money immediately. If he does not refund the amount after notice from your lawyer then file a suit for recovery of money with compensation and also launch his criminal prosecution for cheating and criminal breach of trust.
First of all issue a legal notice to the vendor demanding him to return the advance amount received by him by cancelling the sale agreement since the property is under litigation and the vendor has suppressed this fact before entering into agreement.
If he fails to respond or not complying with the demand made, you may file a money recovery suit against him on the basis of the sale agreement treating it as a receipt for the money received.
