How to repay advance received against a sale agreement?
I made a sale agreement to sell my plot for 1 lakh and received an advance Rs.75000/- in the year of 2009. Balance amount Rs.25000/- to be paid within 3 years. After one year I did not like to sell the property.
So buyer filed a suit in district munsif court. Court passed judgment in the year of 2013 and ordered buyer to get back advance Rs.75000/- with interest. As per court order, I am ready to return the advance Rs.75000/- with interest but buyer refuse to receive advance amount from me.
I would like to repay advance and delete sale agreement in sub registrar office encumbrance certificate.
One lawyer advice:
You just come with me to court and I will arrange to deposit amount within a time two days.
Another lawyer advice:
You file a suit for seeking permission to deposit the advance amount. Then court will issue summon to buyer to attend voitha. After enquiry finally the court will give permission to deposit advance. It would take at least a 2 month.
What my question is… which lawyer advice is correct.
Is any other way to delete sale agreement in sub registrar office encumbrance certificate without repayment of advance?