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Issue related to Advance token/Bayana amount repayment or forfeit.


25-Jun-2023 (In Property Law)
I was intended to sell my house. After the initial talks with her (buyer) sales consideration fixed Rs.40 lakhs. I've shown all the previous original copy of Power of Attorneys. She paid advance Token/Bayana of Rs.4 lakh cheque on 31/01/2019 and balance within 6-month as per agreement to sell and purchase. On 20/06/2019 I received ‘legal demand notice to cancel the agreement to sell and purchase and to recover the Bayana amount/part sale consideration amount’ from her advocate and made these baseless and false allegations: 1. I assured that the abovesaid built up house following the site plan of DDA and falls in an authorised colony. 2. I also assured her that I shall obtain the NOC regarding the sale of said built house from the concerned department. 3. It was initially booked by the DDA 4. I don’t have proper legal sale/title documents in my favour. She lives in Narela for last decade and already bought a plot in the same colony and know that all colony in Narela are unauthorised.
Answers (3)

Answer #1
545 votes
A careful perusal of your agreement to sell and the Legal Notice sent by her advocate is needed. First step is to draft a response to the Legal Notice sent by her. Next, talks of settlement may be initiated from our side. Further and better particulars are needed for an effective opinion.
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Answer #2
919 votes
Query perused. I would advise you to file a proper reply to the legal notice at the earliest possible and seek specific performance of the contract. For further consultancy and legal services you may contact us.
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Answer #3
642 votes
hello sir I have perused your query. In these circumstances you can reply to the notice and can file a suit of specific performance under CPC against her in a competent court of law. for further information feel free to reach out to me.
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