quesHow to resell my property after taking biyana (token money) only

My father did an Agreement to sell a residential plot in June, 2006. He received 5 lac via cheque as the token amount (biana) and 30 lac was to be paid after three month. I (daughter) had signed as a witness in that agreement. But on 6th October 2006, the buyer approached for three months grace time but my father disagreed. 


Can the biana of Rs. 5 lac be rightly forfeited as per the clause in agreement? As from 2006 till today 2014, the buyer never turned up. So now, if my father again wants to sell his property does the buyer have any claim over the said property? We have not registered the cancellation. Is it required?

  • ans 

    As stated above that you have forfeited the token money as per the clause of the MOU, we suggest you to send a written communication to the seller thereby stating the clause of the agreement and the reason for forfeiting the token money.


    It will be better if you get the letter drafted from a lawyer and send the letter through a registered post. Keep the acknowledgement receipt for future reference.


    After complying the above mentioned conditions, your father can legally sell the property to whoever he desires.  


  • Related Articles

  • 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

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 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