Legal Question in Real Estate Law in India

Then go by as suggested, issue him a legal notice and file a suit for recovery of money.

Kind Regards

Setu Niket

Advocate

You need to assess the matter in the light of information and documents with you.

16.01.2013

Dear Sir / Madam,

First and foremost, courtesy demands that when you address your query to a particular learned counsel on this forum, always make it a point to mention your name too in your query. To answer your doubt, token money taken in a property deal signifies your confirmation that you have decided to go ahead with the contract and agreed to fulfill all the terms and conditions of purchase of the property, which is usually forfeited by the seller, in case the buyer subsequently backs out. Otherwise, each and every prospective buyer will come and see the property, make tentative commitment to purchase it, and change their decision at free will, resulting in unwanted hassles of the seller leaving all his routines aside and showing the property time and again to the prospective buyer (you must have seen it first, then your family members must have seen it, probably a third time your relative or friend must have seen it before you finally decided to purchase it) and mental agony to the seller, taking him / her for a jolly good ride.

Token money policy is a deterrent to any undue harassment being caused to the seller, once he / she confirms the deal.

More so, if your understanding with the seller when you gave the token money was on forfeiture terms, the seller is legally entitled to forfeit the entire token money. Refunding even a part of your token money is purely at the seller's sole discretion.

Regards,

FCA Prashant Chavan

Mumbai

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