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VIJAI KUMARR GH (LAW)     11 August 2016

Land agreement

LAND AGREEMENT MADE ON MARCH 2007 FOR 5 ACRE AMOUNT 12 LACKS WAS AGREED BUT THE PARTY GIVEN THE ADVANCE AMOUNT 5LAKHS AND REMAINING PAID WITH IN 3 MONTHS THE BUYER WAS FAILED TO PAY REMANING AMOUNT WITHIN TIME THE BUYER WANT TO PAYBACK HIS ADVANCE WHAT IS THE PROCEDURE TO GET BACK THE ADVANCE AMOUNT PLEASE SUGGEST...


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 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 August 2016

As the agreement had been executed in the year 2007 so it cannot be enforced in either way being barred by limitation. The only way is to persuade the seller to return the money in bhaichara otherwise there is no legal way if the facts of the isues are same as you described in the query.

1 Like

Kumar Doab (FIN)     11 August 2016

Settle amicably.

1 Like

Advocate Bhartesh goyal (advocate)     11 August 2016

There is no legal remedy to get back the advance amount as it is time barred now.
1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 August 2016

If there is any obligation under the agreement which is contingent on the other party fiulfiling some pre requisite, then the agreement may still be enforced as per the recent SUpreme Court Judgement . However if not, then the same is time barred unless you can plead fraud.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 August 2016

Mr. Chattarjee, Kindly post the mentioned judgment for benefit of all of us,

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 August 2016

Madina begum vs shiv murti prasad CA no 6687/16 Date of decision 01.08.2016

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