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Need to return token taken for sale of property


19-Mar-2024 (In Property Law)
Hi I had taken a token for a property where the builder gave me 5 Lakhs Cash and 1 cheque of 10 lakhs we had just singed a token (Not registered just on a plain paper). But I did not deposit the cheques as I wanted the agreement to be made first. Now its been two months he is delaying the agreement. I want to return the cheques (not deposited) and cash back to him he is not willing to take them back and saying he will sue me if I sell the property elsewhere.
Answers (4)

Answer #1
551 votes
Given the info provided by you, an agreement to sell can be cancelled if there’s a breach of contract committed by a party. While it will have to be seen as what were the terms of your token agreement, in case you want to cancel the agreement, you should send a lawyer’s notice to the builder communicating the same and explain the reasons for doing so and be ready to fight it out in the courts in case they file a case against you.
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Answer #2
912 votes
One time solution is legal notice and don’t do anything else . You have sent him representations and reminders for agreement but the same time period has lapsed and therefore proceed to issue legal notice without fail. Do not buy this trap of builder that he will sue you.
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Answer #3
554 votes
We have dealt with such cases before, where builder blackmails people by giving token money ! However we need to issue legal notice to builder in this regard mentioning other legalities !
Kindly be in touch to discuss further!
Thanks n be in touch
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Answer #4
766 votes
Contact a lawyer and seek his expert opinion on the ongoing issue. Contents of the Documents executed needs to be legally perused first to reach out to a considered opinion. If he is delaying the execution of an agreement. You may get the deal cancelled through a lawyer and proceed as per advise
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