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Prasad   25 January 2024

Advance money refund for a building

Hi All,   

       I have paid advance of 70 lakhs and done sale agreement from my building owner for the purchase. But after 3 months due to some reasons we are not able to arrange remaining amount. Owner is telling he won't give my advance back. In sale agreement we have mentioned to give refund if buyer don't arrange balance money seller need to refund advance money back taking some delay fees. Please suggest how to proceed with this case.


 12 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2024

You can file a suit for specific performance of contract and demand execution of sale deed,  since it is an unregistered sale agreement,  the court will pass an order to return the advance amount with interest. 

Otherwise you can cancel the agreement and demand the return of advance amount 


Dr. J C Vashista (Advocate )     26 January 2024

Show the agreement to sell / purchase to a local prudent lawyer for analysing terms and condition qua termination of agreement.

Prasad   28 January 2024

Hi Sir 


      Owner is telling he won't give single rupee and he have local support in Bangalore. We. Are concerned that we won't get advance back. Please suggest 

Dr. J C Vashista (Advocate )     28 January 2024

Did you show the agreement to sell to a local prudent lawyer ?

Prasad   28 January 2024

Yes Sir. In agreement we have mentioned to return back money if buyer don't arrange balance amount taking some delay fees. Lawyer told we will file a suit.

Dr. J C Vashista (Advocate )     28 January 2024

Proceed as advised by your lawyer.

Prasad   28 January 2024

Sure Sir. Owner is very strictly saying he has police power and local power. Iam very concerned that he will do something to me. I have given those advance amount by putting home loan in my village. 

Dr. J C Vashista (Advocate )     28 January 2024

Use of police or local power is altogather a different subject, please do not mix with refund of money paid for purchase of property.

Prasad   28 January 2024

Ok Sir. My last question. Is this case come under cicil or criminal case?

Dr. J C Vashista (Advocate )     28 January 2024

It is civil case as the parties have not committed any crime in the subject propertyt sale/ purchase agreement

Prasad   28 January 2024

Thanks for the reply sir

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

You were advised to file a suit for recovery of your money if the owner / seller is refusing to return the same on cancelaltion of the sale agreement.

You should not be worried about the seller's local influence, all are common before law. 

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