Legal Question in Real Estate Law in India

Hi,

I had put my house on sale, and one lady had blocked it paying advance amount. There was no promissory note or sale deed signed as she delayed getting the papers done. I had also intimated to her via email that in case she cancels the deal the advance will not be returned back, to which she had responded back saying she is a serious buyer and wouldn't cancel the deal. After about 4-5 months she cancelled the deal and is now demanding the advance amount back. When I refused and told her it was intimated earlier, she is threatening to raise legal proceedings on us. Please advice.


Asked on 5/06/14, 9:48 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.05.2014

Dear Sir / Madam,

If the amount paid to you by the lady was token money towards confirming that she is purchasing the house, and she has backed out for whatever reasons, you are legally entitled to forfeit the entire amount for the loss you sufferred for the 4-5 months waiting period. Even if the lady files a legal suit, it will never sustain in the eyes of law.

Regards,

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Answered on 5/07/14, 4:26 am


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