Advance for Land Advance for Land

3 years ago

Dear Sir,

My question is for my brother. He likes to sell his land for some financial crises. A man has made an advance amount without any contract. At first he told that within 3 months he will settle all the outstanding amount and register. But he failed and again gave some more amount, my brother was used that for his loans and expenses and like this 3 times the buyer has given about Rs. 4.5 Lakhs after a complete year passed, but without any contract or Sale deed / agreement. At last the land was sold after 3 years lower than actual amount of the first buyer agreed amount. Now my brother has some amount like 1 lakhs remaining and has to return 4.5L. The buyer is forcing him to settle his amount. My brother is in heavy depression, how to return and he is not refusing but asking some time to return. Please advice.

Vimlesh Prasad Mishra

Responded 3 years ago

A.Since there is no agreement to sale and any amount given by the person is liable to be returned in case it is to be proved that amount has been given against the property if any amount is paid in cash that may be denied.
Please note that in any case where the amount can be proved to be given then it will be the responsibility of the person to provide the documentation regarding sale otherwise entire amount taken for the sale purpose however if he has not registered the property within the stipulated time and because of that the seller has incurred any loss the amount can be recovered from the person
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DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs your brother has taken amount from one person and sold the land to some other so that person demanding to give back his paid amount, better tell your brother to execute a pro note to that person
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