Legal Question in Real Estate Law in India

purchase of property

I have made banakhat for purchase of 25 year old flat be loan'' period terms are one month or extended period upto granting of loan'' now i could not get loan as property is 25 years old.now can i get advance amount already given in banakhat Rs 2 lacs get back.


Asked on 9/23/08, 2:42 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: purchase of property

You should first raise a demand for return of money citing the relevant clause in the agreement; on refusal or non-response, you may file a civil suit for recovery in the trial court of your area. You may want to consult a local lawyer and serve a legal notice through him after showing your documents.

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Answered on 9/23/08, 8:36 pm
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: purchase of property

Banakhat means if i am not wrong is the earnest money paid to the seller. if the agreement provides for the forefeiture of the same then u r not entitle to otherwise u can demand for the same. but the exact and correct opinion on this can be given only after seeing the documents and after understanding the circustances when the said payment was made. For the furthe clarification contact.

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Answered on 9/23/08, 2:53 am
Shrichand Nahar S.V.Nahar, Advocate

Re: purchase of property

If there is no forfeiture clause, then you can get amount back.

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Answered on 9/23/08, 3:16 am


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