Will i get any my advnace as refund for a plot which is legally correct? - Indian Real Estate Forum

nash2050 · 24-07-12

I had paid 10 lakh advance for a plot which is legally correct without any agreement with owner .Now i don't want to buy that plot .When i asked for refund seller says If i produce any legal loopholes in plot then will get entire refund or else asked me to forget money as damages ( I asked for refund after 90 days of paying advance ).Will i get any refund? Or i need to forfeit money because i backed out?

Is the seller correct he says i caused him damage of opportunities and collateral damage .Will i loose entire 10 lakhs .How can i prove a plot which is legally correct as incorrect ?

nash2050 · 28-07-12

any experts could you comment on this . I know mistake is from my side .But will i forfeit money or will i get refund?

zhakaas · 28-07-12

- Get a lawyer pay him 3K, he will find a loophole. There are no property documents good enough where you can't find any fault if you want to.

- Put a loan processing and stop the process in between and tell the seller that you can't buy due to loan not getting approved.

- find another Buyer for the seller he will not care whether he sells to him or you.

- Worst case buy the plot and resell it before registration.

Avinash boss, you are smart enough to know how to wriggle out of this situation.

prashy · 28-07-12

Sorry if this disappoints you....I don´t exactly know how it works in Bangalore, but according to norms in Delhi, the seller is right. You wont´t get a single penny unless you can find legitimate flaws with either the title of property, paimayish (dimensions). You dont have much legal recourse available either.

nash2050 · 28-07-12

Quote:

Originally Posted by prashy

Sorry if this disappoints you....I don´t exactly know how it works in Bangalore, but according to norms in Delhi, the seller is right. You wont´t get a single penny unless you can find legitimate flaws with either the title of property, paimayish (dimensions). You dont have much legal recourse available either.

thanks for info guys .
He gave me three option

*Register the plot
*He offed me an another plot for 18L near Devanahalli with Biappa approval
*HE even offered an apartment worth 40L and asked me pay rest after deducing 10L

He however said liquid cash can't be given back as i have wasted him time and property is legally correct

nash2050 · 28-07-12

Quote:

Originally Posted by zhakaas

- Get a lawyer pay him 3K, he will find a loophole. There are no property documents good enough where you can't find any fault if you want to.

- Put a loan processing and stop the process in between and tell the seller that you can't buy due to loan not getting approved.

- find another Buyer for the seller he will not care whether he sells to him or you.

- Worst case buy the plot and resell it before registration.

Avinash boss, you are smart enough to know how to wriggle out of this situation.

I said legally papers are fine and i do not need any loan for land registration .only i need loan for construction .However i said i don't want to buy after 90 days .So owner is asking what the hell were u doing for 90 days? .
He even got a legal approval done himself in my name and said you will get a loan in any bank

24-07-12	#1
nash2050 Senior Member Join Date: Apr 2011 Posts: 713 Likes Received: 38 Likes Given: 4 My Mood:	Will i get any my advnace as refund for a plot which is legally correct? I had paid 10 lakh advance for a plot which is legally correct without any agreement with owner .Now i don't want to buy that plot .When i asked for refund seller says If i produce any legal loopholes in plot then will get entire refund or else asked me to forget money as damages ( I asked for refund after 90 days of paying advance ).Will i get any refund? Or i need to forfeit money because i backed out? Is the seller correct he says i caused him damage of opportunities and collateral damage .Will i loose entire 10 lakhs .How can i prove a plot which is legally correct as incorrect ?

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28-07-12	#2
nash2050 Senior Member Join Date: Apr 2011 Posts: 713 Likes Received: 38 Likes Given: 4 My Mood:	any experts could you comment on this . I know mistake is from my side .But will i forfeit money or will i get refund?

28-07-12	#3
zhakaas Member Join Date: Jul 2012 Posts: 56 Likes Received: 14 Likes Given: 0	- Get a lawyer pay him 3K, he will find a loophole. There are no property documents good enough where you can't find any fault if you want to. - Put a loan processing and stop the process in between and tell the seller that you can't buy due to loan not getting approved. - find another Buyer for the seller he will not care whether he sells to him or you. - Worst case buy the plot and resell it before registration. Avinash boss, you are smart enough to know how to wriggle out of this situation.

28-07-12	#4
prashy New Member Join Date: Mar 2010 Posts: 18 Likes Received: 1 Likes Given: 8	Sorry if this disappoints you....I don´t exactly know how it works in Bangalore, but according to norms in Delhi, the seller is right. You wont´t get a single penny unless you can find legitimate flaws with either the title of property, paimayish (dimensions). You dont have much legal recourse available either.