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Seller doesn't want to sell house after taking token money


25-Apr-2023 (In Property Law)
sir, we finalised a property sale deal for the agreed amount, a cheque of rs 1 lac was taken as tocken money & details of property was mentioned on plane paper alongwith the date before which the Bayana was to be paid with formal agreement which is normally done as in practice & condition of double amount or forfeiture of bayana money, it has not been done . now seller donot want to sell the property for pesonal reasons . the slip of tocken money has been signed by other than owner say spouse of the seller.the cheque of rs 1 lac has not been encashed also. what are the legal position in this situation with respect to seller, -is the deal binding, purchaser - what legal action can purchaser take on signing of plane paper taking rs 1 lac cheque by spouse of owner but also writing the name of owner in the slip . thanks both are hindus.
Answers (4)

Answer #1
770 votes
You can file civil suit for specific performance against the seller or wanted your money back in but as you have written that it's only a plain paper then it has less value in the eyes of law but still you have a right.
Answer #2
729 votes
No legal action for purchaser by signing on a plane piece of paper for any transaction of immovable property is sustainable
Blessings for enforcing the transfer. Also consideration paid by the purchaser through cheque was encashed.
Answer #3
677 votes
You could either enforce agreement by filing a suit for specific relief for enforcement of the contract of bayan agreement. Or, file a case for fraud against the signatory of the bayana agreement citing inducement
Answer #4
642 votes
You can file a suit for specific performance whereby either he has to sell the property for the agreed consideration or return the token amount with interest. Usually in such cases an agreement to sell is executed which speaks that the parties have agreed to sell-purchase the property and certain consideration has been paid. In case you have not executed a formal agreement to sell, you will have to prove via procedure that plane paper. It is pertinent to mention that actions of the spouse is sufficient provided that the husband had knowledge of the transaction.

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