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ARUNKUMAR ARETI (CA FINAL)     21 January 2010

property in assigned land advance paid

sir, i have entered into agreement to purchase a house and paid 3 lakhs as advance against purchase of house. Now the said house is in ASSIGNED LAND, and the registrar denied to REGISTER the house as per    latest G.O. 

Fortunately the seller is positive and he said he will return back my 3 lakhs after one month.  In the mean while do i need to enter into new agreement mentioning the three lakhs amount due to me regarding the advance. Or shall i ask him cheque of Rs 3 lakhs.  At the time of sale agreement while i   paid advance i have not mensioned any such clause  now can i proceed legally in case the seller could not pay my advance money of 3 lakhs  in a  reasonable   time. Please reply me sir.



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 1 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     21 January 2010

You don't need any fresh agreement. If the vendor is not able to sale the property for any reason he is liable to return the benefit received under the agreement.  No separate clause is required.

If possible, you can get a post dated cheque as you mentioned.


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