quesGiven earnest money as per agreement. Seller refusing to sell. Remedy?

I purchased a flat from a lady. She signed a notarized agreement to sell with me. But now she refuses to sell the property and also she refuses to give me my money back which is around Rs. 17 Lacs.


Last date of registration is 15th June 2014 as per the agreement to sell. Kindly suggest me what should I do.


  • ans


    You can file a Suit for Specific Performance against that lady in the Court wherein the Court will compel the Seller to perform the contract. As you have already given Rs. 17 Lacs, we can assume that it must be above Rs. 20 Lacs, so you can file a suit in the High Court. (We are assuming that the property in question is in Delhi)


    Alternately, you can also claim your 17 Lacs which you had given to that lady as the earnest amount. You can also recover interest on the said amount.


    What you can instantly do is write a letter and send it through the registered post to the seller stating that the date of closure of the agreement is coming close and you are willing and ready to do your part of the bargain. ( i.e. you are ready with the balance payment)


    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

Free Legal Advice - Property
Free Legal Advice - Property

Property Lawyers in India

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate Sukhwinder Singh Rai

  District Court, Ludhiana
 Experience: 17 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 14 years

Advocate Sudershani Ray

  Kailash Hills
 Experience: 10 years

View all >>

How it Works

Know how LawRato makes legal 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