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How to get refund of advance money from property seller


16-Jul-2023 (In Property Law)
 I was purchasing a property for consideration of 7.50 lacs. So i have paid advance money of Rs.55k through cheque. But later on various issues come with property so i declined to seller to purchase property and demanded my advance money to refund due to following reasons: 1. There is passing high tension wire over the roof of property at the height of 7-8 feet. At the time of showing property the seller had said that there is no current in the wire and someone can catch the wire with hand but taking advance money he is now saying to stay carefully. 2. The property is on genreal power of attorney through multiple chain and further the person to whom name property is registered can not identified. 3. As per supreme court order no one can purchase or sell property through power of attorney. can it be ground for getting my advance money back .What legal action can I take?
Answers (3)

Answer #1
857 votes
This kind of case comes under transfer of property act. Your advance will be returned through filing of proper civil suit in the court. You can contact us for filing a court case at reasonable school.

Answer #2
863 votes
was purchasing a property for consideration of 7.50 lacs. So i have paid advance money of Rs.55k through cheque. But later on various issues come with property so i declined to seller to purchase property and demanded my advance money to refund due to following reasons: 1. There is passing high tension wire over the roof of property at the height of 7-8 feet. At the time of showing property the seller had said that there is no current in the wire and someone can catch the wire with hand but taking advance money he is now saying to stay carefully. 2. The property is on genreal power of attorney through multiple chain and further the person to whom name property is registered can not identified.
I read ur problem... We can send a legal notice.. Contact me for further action
Answer #3
872 votes
1. The refund or forfeiture of earnest money is governed by the sale agreement executed between the seller and prospective buyer. If the agreement mandates forfeiture the seller can forfeit it, but if it does not then the buyer is entitled to the refund of it in entirety.

2. In your case as the reason of cancellation is the refusal of seller to take money through cheque, it follows that there is no unwillingness on your part to honour the agreement to sell. As a corollary thereto, you have the right to have the complete refund. Serve him a lawyer's notice to honour the agreement.

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