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forfiture of bayana money in a land deal

(Querist) 10 May 2010 This query is : Resolved 
Sir,
I had sold a certain part of land to a person,who had agreed to pay the entire amount in 3 months time,but since then 6 months have been passed but he is reluctant to pay the entire amount.Can I forfit the amount given by him as advance (bayana)at the time of agreement of sale?
Raj Kumar Makkad (Expert) 10 May 2010
Is there any written agreement between you and buyer?

If so which of the date id mentioned therein as for the purpose of execution of sale-deed?

If so had you contacted the buyer prior to execution date to come present before the office of registrar for the purpose of registration as you shall come there?

If so whether you marked your presence in the office of registrar

and if so whether you served the buyer with notice and apprised him the position?

if so what is his reaction?

If no reaction despite of period mentioned in the notice then advance amount can be forfeited.

If no written agreement has been executed then it depends upon your relations.


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