Clarification regarding bayana on property

03-Apr-2023 (In Property Law)
On bond paper of 500 I made a deal with my buyer on Feb 2016 taking bayana of 5 lacs which will b lapsed by April 30 2016 he had not given me spare 20 lac till date 3/4/2018 do I have to pay him back 5 lacs as he's asking now to payback
Answers (2)

Answer #1
842 votes
Agreement to sell is always governed by the terms of the agreement. In case the buyer commits any breach then the bayana i.e.earnest money is forfeited if seller commits any breach then he has to pay damages. But be careful get your presence marked on the date when the sale deed is to be executed do whatever you can do to show that you ate always ready and willing to perform your part
Answer #2
890 votes
As per the common terms of the sale agreement the biyana payment is non refundable, you need not pay him back, let him approach to the court to get it back, if you have marked your attendance in office of registrar , tehsildaar on the day of registry, then your case is solid.

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