Issue related to Advance token/Bayana amount repayment or forfeit. Issue related to Advance token/Bayana amount repayment or forfeit.

I was intended to sale my house located in Narela. After the initial talks with her (buyer) the sales consideration fixed of Rs. 40,00,000/-. I have shown her all the previous sale documents (original copy of the power of attorneys) of my house. She and her family member visited many times before given advance Token/Bayana and after 1 month of checking or reviewing all aspects, she had paid advance Token/Bayana of Rs. 4,00,000/- through cheque on 31/01/2019 and the balance payment of Rs. 36,00,000/- payable within six-month time i.e. before 31/07/2019 to complete the said deal as per agreement to sell and purchase.
On 20/06/2019 I received a ‘legal demand notice to cancel the agreement to sell and purchase and to recover the Bayana amount/part sale consideration amount’ from her advocate. In this notice she made these baseless and false allegations on me:
1. I assured that the abovesaid built up house following the site plan of DDA and falls in an authorised colony.
2. I also assured her that I shall obtain the NOC regarding the sale of said built house from the concerned department.
3. It was initially booked by the DDA
4. I don’t have proper legal sale/title documents in my favour.

She lives in Narela with family for the last decade and she had already bought a plot of land in the same Colony before approaching me to purchase my house and Neither me nor property dealer (who lives in the same Colony) told her that the said property is located in an Authorised colony, And her current residence is a 2 minute walk from my residence and She knew that in Narela all the colonies like Sanjay Colony, Rajiv Colony, Indira Colony, Punjabi Colony and Gautam Colony are unauthorised colonies.

Munish Goyal

Responded 3 years ago

View All Answers
A.no need to return anything
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 3 years ago

View All Answers
A.Dear Sir,
You have to share documents with local expert to get exact legal advise.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 3 years ago

A.You need to reply to the legal notice firstly. For which you can consult me and I can do that for you. After that is done, you shall need to take legal recourse. Which can be dealt later on.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 3 years ago

A.you would require to send reply of the legal notice sent by her,
and, maybe further required to file a suit for specific performance for completing the deal
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconUnregistered Notarized affidavit
Dear Sir, It is invalid. The Supreme Court and Indian Registration Act says that for any type of transfer of property registration is compulsory with appropriate document that is it may be sale deed o...
question iconI have booked a Government Property an HIG by paying 5% of the amount online.
Dear Sir, King can do no wrong and also you cannot question administrative acts of any Government. You have to wait for next 3-4 years or sometimes such proposal itself may be cancelled.
question iconAgriculture Land
Hello, Firstly, You have to check how many acres are mentioned in your deed of conveyance. If 2 acres of land are mentioned in your Deed, then are the rightful owner of such land. if not then have to...
question iconcompensation - my grandfather owned a forest
Dear Client If the land has been acquired by the government then they would have given you a notice for the compensation on the land which belonged to your family. If they have given you the notice th...
question iconProperty registered as it is for male descendant after wife's death
Dear Client This question is little tricky here and you or your uncles might have to go to the court to get the clear answer from the Ld. Court. Legally a conditional gift deed is allowed wherein the...