Legal Question in Real Estate Law in India

A vacant land(plot) was orally agreed to sell for an amount of Rs,12,00,000/.

Rs,2,00,000/- was taken as bayana in cash and a bayana receipt was issued conditioning that the remaining amount has to be paid and get registered on or before a particular date(40 days gap ).It was mentioned in the bayana receipt that the land will be measured and handed over only at the time of registration.The bayana receipt was handwritten on a white paper.The signature of the seller was made on Rs.1/- revenue stamp on that paper.Two witnesses signed .

Even after the stipulated time is over, the buyer not turned up.Already 3 months elapsed after the due date .Now ,the land is gifted to the son of seller by gift registration .He was the same son who was also the scribe of the bayana receipt earlier.Now, the land is in the possession of the seller's son.

Is the bayana receipt valid?Can the buyer claim anything (i.e land / money he paid)?If so,whom(parent or son)?


Asked on 8/31/10, 1:49 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you asked this question on an earlier occasion. the facts are clear this time.

since the time has elapsed and the purchase never sent you the notice of his beign ready and willing to pay the balance consideration and purchase the property, the purchaser only remedy is to claim the refund of money within three years of bayana receipt

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Answered on 9/04/10, 11:55 pm


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