quesBayana given. Now i don't want the property. How to get money back?

I planned to purchase a flat in Uttam Nagar, Delhi. The cost of property was decided at Rs. 30.75 Lacs including registry, and all other expenses. I also gave the seller a bayana of Rs. 3.25 Lacs. He kept trying to clear his home loan file in his bank for 4 months but could not get it done. 


I want to cancel this deal and want my money back. It is already written on the bayana receipt, if the seller fails to sell that property in stipulated time, he will give back double of bayana amount. What should I do?


  • ans


    We need to know what is written on the Bayana receipt in case the buyer wishes to repudiate the transaction. If nothing is mentioned then, you can send a written intimation repudiating the transaction demanding the bayana back.


    The Hon’ble Supreme Court has recently held that in the cases of earnest money, if the same was as a part payment then the same needs to be returned in full by the seller.


    However, if the bayana was for the purpose of putting the transaction in action then the seller is allowed to retain it. We need to examine the facts of your case thoroughly to guide you properly.


    As we can understand, you can file a recovery suit against the seller in case he refuses to return your money.


    Kindly contact us for any further details and action.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

Hello Just want to know about my grand mothers property, my grand father has two…

Sister turned 18 in January. Now the girl ran away and married with a boy…

My flat is in joint name and the first owner has expired. The share of…

My family settled in Ahmedabad for last 50-60 years. My great grandfather ran away from…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly