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How to resell my property after taking biyana (token money) only
14-Nov-2023 (In Property Law)
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?
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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