88+ Lawyers are online 
Getting back the advance amount paid for purchasing a flat
27-Aug-2023 (In Property Law)
I paid 30 thousand advance for buying an old flat with agreement made in Rs 200 value stamp paper but the agreement was not registered. later found that document given by the owner is insufficient. When i asked for the complete documents the owner skipped away from the deal before the expiry date (1 month) of the agreement made. but he refused to pay back the 30 thousand i paid as advance. my doubts are 1) Since the agreement is not registered, Do that effect my right to approach the court. 2) can I postpone filing a case for three months. any time limit? 3. can i approach consumer court.
You will approach the civil court specific performance of contract . As per the law prevailing the agreement must be registered under registration act. If the executant not executed the document accordance with the agreement it can not be enforceable by law.
But you can claim your advance amount with interest .Don't loose time for filing a suit .File it soon.
But you can claim your advance amount with interest .Don't loose time for filing a suit .File it soon.
Helpful?
41+
41+
Adv. Ajay NS
Ernakulam | 200+ Answers
Chat
The question is why he is refusing to return the advance amount. May be the agreement is not registered, and that could disentitle from an action for specific performance. But that is no ground for his unjust enrichment. He is obliged to return back the advance amount less the expenses, as proven, incurred by him.
Helpful?
39+
39+
Adv. P Venu
Vaikom | 500+ Answers
CONTACT NOW
Rather than going to the consumer court it would be better to file the case before the civil court . You can file the petition for return of advanced money . Definitely you will get the justice if any breach of contract is among you.
Helpful?
29+
29+
Adv. Sindu R Kurup
Kannur | 200+ Answers
CONTACT NOW
At present it is compulsory that the sale agreements to be registered. However non-registration of an agreement will not bar you from approaching the court. You may have to pay the stamp duty by adjudication. Keep in mind that there is a limitation period of 3 years, within which you can approach court. It is advisable to approach consumer court so that you can save court fee and other expenses.
Helpful?
49+
49+
Adv. Nelson Joseph
Kochi | 100+ Answers
Chat
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
