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Recovery of advance payment made for purchase of land
16-Apr-2026 (In Recovery Law)
I have paid 11 lakh advance for purchase of land in Dehradun. However on submission of paper s to the bank, the loan was rejected stating that the title holder is someone else and land use is not properly defined. Now the person who has taken the advance is not refunding the amount. The paper submitted has the cheque no and amount but it was issued to a broker. Please advise further action for recovery of my money.
Based on the facts shared, you appear to have a valid claim for recovery of the advance amount, as the transaction could not be completed due to issues in title and land use. You may first send a legal notice requesting refund of the amount within a reasonable time. If the amount is not returned, you can consider appropriate legal remedies for recovery. Keeping proper records of payment and communication will be important for further action.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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A criminal case can be instituted against the person for forgery and cheating
Get an FIR registered pursuant to which a Complaint would get registered and
Once a case is instituted, then investigations would take pursuant to which the person can be asked to repay you
Further a civil action can be instituted
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Adv. Shambhavi Sharma
Adv. Shambhavi Sharma
Delhi | 50+ Answers
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Firstly, issue a legal notice to the seller and the broker demanding refund of ₹11 lakhs with interest within a stipulated time. Since the title was defective and land use unclear, the transaction itself is vitiated due to misrepresentation.
You may initiate the following proceedings:
Civil Remedy:
File a suit for recovery of money along with interest and damages. If there was any agreement to sell, you can also seek cancellation on grounds of fraud/misrepresentation.
Criminal Action:
If the seller/broker knowingly misrepresented ownership, file a complaint for offences like cheating (Section 420 IPC), criminal breach of trust (Section 406 IPC), and possibly fraud. This creates pressure for settlement.
Against Broker:
Since payment was made to the broker, he is also liable. You can proceed jointly against both seller and broker.
Cheque Proof:
The cheque details in documents are valuable evidence to prove payment.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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Hi there, you can file a recovery of suit in this case along with a criminal case of cheating and fraud.
However, the proper course of action will depend on the communication between you, the broker and the owner.
Based on the communication mentioned above we can explore the option of the Consumer forum as well.
It's advisable to contact me and share details as mentioned along with a copy of the agreement, to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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You should treat this as both a civil and criminal matter, as the facts indicate misrepresentation and possible fraud. Immediately issue a legal notice through an advocate to the broker and the person who received the advance, demanding refund of ₹11 lakh with interest within a fixed time, citing defective title and unclear land use. Simultaneously you can file a criminal complaint under relevant provisions of the Bhartiya Nyay Sanhita and you can also file an FIR.
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Adv. Avinash Gaur
Adv. Avinash Gaur
Delhi | 5+ Answers
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