Advance Money Paid at the signing of Agreement To Sell

It is the duty of the seller to issue notice to the buyer to get execute the sale deed he is ready  and willing to sell the property as the agreement of sale.  Because buyer can ask to execute the sale deed at any time within 3 years after lapse of 4 months.  He may issue notice to the seller to execute the sale deed.  So it is better to issue notice to buryer  regarding forfeiture of amount.

Though the period has been fixed four months, the buyer can very well enforce the agreement for sale for specific performance within three years.    As far as the amount forfeited" the seller has to prove beyond reasonable doubt that the buyer has willfully and clandestinely failed to perform his part and due to his default the seller had sustained damages he is entitled to adjust the same for damages.  

i agree with experts

 the failure to comply the terms of agreement  on the part of seller will be resulted is    force to sell the property under specific performance through a court of law.  or return the advance amount if speficied in the agreement.

 and  the failure to perform on the part of buyer  will be  resulted  loss of  advance amount, unless speficied in the agreement to sale.

 but  if you  cannot  mutually agree to perform after lapse of time,  go to the civil court.

While Thanking all of you who have given me a reply the points to be noted in this issue are:1) The buyer did not pay the moneys promised that he would pay every month for 4 months before paying hte balance and full amount(remaining) at the time of concluding the Sale; though all these were oral promises and nothing was given in writing;(2) The buyer did not even prepare the draft of the Sale Agreement (which is normally the duty of the buyer in that place) and send it  to the seller for approval even on the last day of the 'time-limit'. This is because the Seller had no money to conclude the deal and pay the balance amount and as a tactic was giving false impressiions and trying to delay mattters without evn attending telephone or mobile calls from the Seller;(3) Sensing that the buyer had no money and would not honour his part of the contract the Seller asked of the Buyer to provide a Bank Guarantee towards the Sale and Sale Proceeds for which the buyer very slyly sends a photocopy of the joint  Savings Bank A/c he has with a friend of his. So how can the buyer not being able to conclude to deal and putting the Seller through a lot of misery not to mention 4 lost deals which had come during the currency of the 4 month period and was so rejected, claim tor refund of the Advance Money when he himself has explicitly agreed and endorsed that he would be forfeiting the Advanced Money if he fails to complete the transaction withing the stipulated period.' 

Dear Sir,

I had gone for an agreement to buy a land and it has been decided to pay an advance of 2 lacs. I paid the advance of 2L to the seller and this transaction was done on a 100 Rs stamp paper with a clause that the sale deed and registration shall be done within 3 months from the date of advance paid , supported by the signature of 2 witnesses.

the balance payment was not made by me and the seller has sold the said property (land) to some other buyer . This sale happened after passage of 16 months from the date of agreement between me and the seller. The seller sold this property to somebody else without intimating me by any means. ( Nor phone, nor any written notice). I knew from some source that the said property(land) as been registered to some other party and i got the info after a week the sale deed happened.

Now i went to the seller for the above , and he said that i wil not return your advance back , since the tenor of the said period as mentioned in the agreement was not met and you failed to pay the balance amount (which was mutually agreed price) and hence your advance paid is forfeited.

I seek an valuable advice from all of you regarding :

1.Getting back my advance money with interest for all this period from the date of payment of 2L

2.filing a case u/s 420 , that the seller sold the property to other , even after the agreement was done with me.

3. Please note , there is no mention in the agreement above any cancellation of the contract , if the time frame is not met for balance payment, and also there is no such clause of forfeiture of advance money

4. The seller indicates that he may sell , some other land in the same area , but now in a double rate, for ex . initially it was 11 L , now at 22 L

5. Also please guide me regarding the validity of the above said agreement , is that ok for a period of 3 yrs or only for 3 months, as there is not such mention of cancellation  of the contract or forfieture of the adv

Kindly help me with your necessary advice.

Regards Manas12n