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Malar   04 July 2025

Need some help to get my refund

• I am buyer I have paid ₹2 lakh advance sale agreement signed by NRI seller’s mother via Specific POA. • Was not informed that the property was bought using a General POA by seller’s father. • That general purchase POA lacks flat number, builder name, or property details. • Bank asking me to sign affidavit for loan as seller refused to submit original purchase general POA. • I am not comfortable in signing the affidavit since its seller side issue. Seller promised refund but has delayed for over a month with no response. • Sale agreement valid till July what can I do now? Any inputs and guidance will be helpful


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     05 July 2025

You issue a legal notice to the seller to either comply with the original documents that are required by the bank to sanction home loan  and if not possible then  to cancel the sale agreement and return the advance amount with interest from the date of payment till the date of settlement failing which you can inform that you will proceed legally against the seller for which he will be held liable for the legal consequences

1 Like

Dr. J C Vashista (Advocate )     05 July 2025

"BUYER BEWARE" must have applied particularly about marketability of title before making advance payment.

However, issue legal notice to seller to oblige with requirements made by Banker.

1 Like

P. Venu (Advocate)     05 July 2025

What do you mean by "Was not informed that the property was bought using a General POA by seller’s father."


1 Like

Malar   05 July 2025

Thank you so much for your clear advice, Sir. As a first-generation buyer handling this alone, your guidance means a lot to me.


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