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Procedure for cancelling property deal and getting token token amount


17-Feb-2023 (In Property Law)
I want to cancel a property deal. i have paid 125000 as token amount via cheque. There was no MOU or contract signed between us at the time of giving token amount.Seller told me that she will cut 10% amount and repay me. Is it legal to cut 10%??? i should get my entire money back.
Answers (2)

Answer #1
637 votes
If the payment is made by cash then you can't claim from him. But if the payment is made by cheque then you can claim that money firstly send the legal notice and after that you can file a case against the person under order 37 code of civil procedure.
there is one more thing, if you have any document with respect to token money i.e. any documentation then also you can claim the amount.
Answer #2
794 votes
As there is no contract between both of you then she can't recover the 10% amount from the token amount. You can get full amount back from her if you cancelled the deal by making an cancellation deed.

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