Advance/token money
ushhari
(Querist) 11 April 2012
This query is : Resolved
We payed advance money 5 month before the land purchase date and got almost all documents from the seller. Now that after 5 months we went for registration with the money some one in the sellers family created big scene in the registration office, and the registrar refuse to register the propery, even we are not interested in purchasing that land now. My question is what step should we take to get the advance money back? Should we give them some time to pay( i don't believe them) or directly file a case? This is my first experience with this type of incident..so little bit traumatised after the event. Kindly advise. Thanks a lot.
Adv.R.P.Chugh
(Expert) 11 April 2012
Dear Querist,
File a suit seeking recovery of damages/advance amount (alongwith interest) - as they have committed a breach of contract.
The quantum of damages would depend normally on the difference between the contract price & market price of the land on the date when contract was to be performed.
Serve them a legal notice before filing.
Feel free to talk!
ajay sethi
(Expert) 11 April 2012
dont antagonise the seller .go and meet the seller and ask him to refund your advance money . if he does not do so within 15 days issue legal notice .
fle summary suit for recovery of your advance money .
i would nit advise you to file suit for damages as atleast in mumbai it takes around 20 years to be disposed of
Sankaranarayanan
(Expert) 11 April 2012
Is any agreement made between you and the seller at the beginning. Meet them amicably if they are not heard your words and pay back your money then you serve summary suit for recovery of your advance money.
Deepak Nair
(Expert) 11 April 2012
I would go with the advise of Mr.Ajay. Try to settle the issue amicably.
Hope you have the proof of giving money to the seller.
SAINATH DEVALLA
(Expert) 11 April 2012
What was the volume of the amount?Why didn't you go for an agreement at the time of paying advance?Nobody can be trusted,particularly in land deals.Ask him to give back your money as the transaction is cancelled.Other things act as per the advice of the experts above.
prabhakar singh
(Expert) 11 April 2012
First try the refund of advance amicably.
If that is refused are dragged too much only then file the suit after serving a noticeof demand [rovided you have proof of payment of advance and if any agreement to sale in writing was entered into better serve a notice of specific contract and file a suit of specific performance whether or not you are interested in purchase and accordingly file the suit and let the court decide what relief you are entitled?.
ushhari
(Querist) 12 April 2012
Thanks a lot for all your valuable reply. We paid 5 lakhs in advance payment and have a agreement written at the same time the transaction was made. Also we have all the sellers property document with us. Tried talking to the seller today but couldn't get hold of him. So what should we do next? Shall I go for an Order of Attatchment from the court or will that be the last step to be taken? Since this seller tried to sell this property without the consent of other family members I am in doubt he will do that again, that is why I was thinking of the Attatchment Order, so that one more person should not become a victim again... Thanks a lot once again.
