How to recover paid advance money later found to be disputed property

742 votes

I am assuming that you are now only interested in refund of your money. If that is the case you typically have 2 remedies. First is to file a civil suit for specific performance or a civil suit for damages. Second is to file a criminal case alleging cheating and fraud. Now from the limited information you have provided it appears that the developer was aware of the third party raising constructions on the disputed plot. If you are only interested in seeking refund then I would advise filing a criminal case as opposed to a civil suit for the simple reason that a civil case will take several years before you finally get your money. On the contrary, typically in these case especially when the money involved is not quite substantial, no one likes to get dragged into a criminal case. Therefore a criminal case is more likely to force the developer into entering into a settlement with you wherein you ask for the refund (with out without interest) in return for withdrawing the criminal case.

However if you are interested in pursuing a civil case, then you will have to firstly show the agreement to me that has been executed. If that is proper and prepared in terms of the necessary requirements of law, then you can ask for either specific performance of the agreement i.e. to compel him to complete the transaction and handover the property to you or you can ask for damages i.e. loss caused to you on account of the misrepresentation made to you about the clear status/title of the plot.

In these circumstances where the amount involved is not substantial, I ideally advise clients not to get involved in lengthy legal proceedings. Therefore in my considered opinion, filing a criminal case with the intention to exert pressure on the developer is the best recourse so that the developer is compelled to enter into a settlement with you where you get your money in exchange for withdrawing the criminal case. This opinion is of course subject to examination of the records of the case and examination of the relevant documents etc.

In case of any further doubt/clarification please feel free to contact me at any time.

Advocate Asif Ahmed LawRato

702 votes

In this respect I suggest you first of all kindly lodge an FIR against the property dealer and after that you may file suit for recovery as well as damages which has been caused due to property dealer...

Advocate Siddharth Dev LawRato

966 votes

Firstly You send him a legal demand notice asking him for the payment of the money given as purchasing amount in advance. Since the contract was not fully fulfilled as there was an obstructions from the seller side . You can file a criminal complaint also by implicating him in crimes like cheating , criminal breach of trust or forgery along with a civil suit for recovery

Advocate Suneel Kumar LawRato

685 votes

First of all u send the agreement details mentioned at the time of advance payment. What was the condition or offer there. Suit for recovery and summary suit are two remedy is available for you in law.

Advocate Sunita Saxena LawRato

527 votes

You can claim your advance payment only if your agreement to sale allow you. That means what are your agreement to sale's conditions ,if there is any clause which supports you then you can recover your money or you may go for criminal complaint against the property dealer

Advocate Puja Shrivastava LawRato