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Certain amount of agreement paid in cash but not returned what to do


10-Jan-2023 (In Property Law)
Dear Sir, I am a buyer of a property and a seller executed a Regd. Agreement to sale in my name within period of 6 months and I paid him 75% of the Deal price in advance. Before the expiry of the decided time period, I send him 3-4 legal notices to comply with the agreement but he did not turn up to execute sale deed on the date decided as per agreement. I marked my presence in the court along with the rest payment amount cheque of his name. After the expiry of this time period, I found that the seller of property transferred the amount of advance money in my saving account vide RTGS. Now, Please suggest what should I do as my some amount, which I paid in cash is still with him and he only transferred the amount back in my account, which I paid him vide cheque. Is the regd. Agreement will be deemed to get automatically cancelled as the amount I paid him video cheque and mentioned in the agreement is recieved in my account. Can't I file the case of specific performance?
Answers (2)

Answer #1
658 votes
First and foremost, if u have issued 3 legal notices then is there was any reply from his side. Nevertheless, the agreement being registered and the agreed amount as an earnest money been paid by u, hence it could be enforced by filing of civil suit for specific performance. Pls note that you have to act with pace as the agreement must be having essence of the time. Also, send him a legal notice that the refund of the amount would not be accepted from your end at least with the lapse of the period stipulated in the agreement. In this notice, you also lay stress on the payment made to him via cash to make such transactions on record. However this need to be done cautiously after pursuing the documents and the facts to make it a recorded transaction. If he denies to perform his contractual obligations then pls proceed with filing of civil suit under the aegis of effective lawyer. Thanks
Answer #2
827 votes
Respected Sir,
You can definetly file suit for specific performance. Further in every agreement to sell there is also a clause which says that in the event the agreement is breached the party will have to pay a fix amount to the other party. Therefore the amount given by you in cash could be recovered while filling the suit for specific performance.

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