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Paid advance for property sale deed not executed can I recover money


07-Jul-2023 (In Property Law)
I agreed to Purchase one property and paid a sum of Rs. 3 lacs as advance to the seller. Sell Deed could not be executed due to ban on registration of GPA etc.. Can I recover my money?
Answers (3)

Answer #1
570 votes
yes, you may file a case of specific performance of the contract and recovery of amount is a consequential relief the limitation period of 3 years, so u need to approach civil court when the contract has become due for the performance.
Answer #2
540 votes
Yes u can recover the amount .Firstly issue a legal notice of 30 days to the person who has taken the money . thereafter filr a suit for recovery of paid amount with interest as the agreement cannot be executed. The person who has taken the amount has no right to keep the said amount. Subject to the condition that u can prove by way of cogent evidence that the smount was paid.
Answer #3
924 votes
Respected Sir,
Earlier I have already explained the said matter. However, if you have come through agreement and paid the said amount then you are entitle to recover the said amount with interest as per agreement law. It is pertinent to mention here, it depends on agreement clause where you both seller and purchaser have signed. Contact to lawyer and bring sue.

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