Need some help to get my refund

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

"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.

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

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

You are welcome for your appreciations

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

• I was not informed that the NRI seller did not personally purchase the property, it was purchased and registered through his father using a General Power of Attorney (GPA).

• This GPA is required by the bank for home loan disbursement, but the seller has now clearly stated they will not submit it. Asking me to sign affidavit in bank and proceed I clearly mentioned I won't do.

• Upon reviewing the GPA, I noticed it does not mention the specific flat or builder. It only contains a generic clause: “To purchase immovable property such as U.D.S. / Plots / House sites…”

• This critical fact was never disclosed to me before I signed the sale agreement and paid a ₹2 lakh advance.

• Now, they are refusing to return my money, using delay tactics and avoiding communication.

• The broker is demanding ₹20,000 as a deduction even though I agreed under pressure, but still no refund has been made.

You can issue a legal notice to the seller demanding to return the advance amount immeditely or to face legal cosnequences.

Actually speaking, the purchase of property through his power of attorney agent by your seller is not a legal infirmity, also since it was given as a blanket authorisation to represent the seller in such an event, there is no surprise if the property details are missing in the power of attorney deed because it would have been given even before the actual property was selected for purchase.

The bank cannot insist on an affidavit to be executed by the seller  because it serves no purpose, there is a registered sale deed on the name of the seller and all other relevant documents are produced before the bank while aplying for home loan, if the bank manager is persistently insisting about the affidavit, then either you can change the bank or make a complaint against the bank manager with banking ombudsman for his unjustified and atrocious demands.

Very well analysed, opined and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate.