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Bayana refund due to incomplete property papers


Bayana refund due to incomplete property papers

Last updated: March 4 2019
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  • Bayana refund due to incomplete property papers

    I entered into a sale agreement for buying a property, wherein bayana was written on stamp paper. 0.4% of the amount was given as token and further 9.6% at the time of signing the agreement.

    agreement was for 100 days, which will expire in a week's time

    I have arranged for the funds, bank loan etc to make the payment..

    Seller have been insisting on cash payment since day one and we have been asking him to provide property documents - show original and provide copy; which he hasnt till date. There is only one original document that shows him as owner of 1/3 of the total property under consideration, rest 2/3 is a copy of the original but never provided / showed original

    We asked for NOC, no dues, last bill, clean title documents etc - but he is not providing any

    We need the documents for both sale deed and future mutations, he is not picking calls replying to messages or even accepting our request letter on personal visit

    We already sent the request letter via speed post and on phone (image)

    Now due to all this, we are worried if he will even show up for registeration or not, everytime he just says give cash money

    As the days are nearing, we are also worried that if he doesnt go with the registeration and forefeit the bayana amount

    The agreement said that he need to provide deed & documentation for registeration and the bayana can be forfeited on account of default in payment from buyer (our) end and, if he backs out he has to pay double

    We are in a fix and dont know what to do.. please advise

    This is my hard earned money after working 10 years

  • #2


    Re : Bayana refund due to incomplete property papers

    Sir, seller should provide copy of all the documents & show you ALL ownership records, registry, chain of ownership, electricity bill, water bill etc etc. But in any case, you should contact sub registrar office to yourself check the records of the property. Find out about all the owner details & chain of ownership.

    Delhi online Doris portal may be helpful.

    Also make sure that the seller is EXCLUSIVE & single owner of property, there is no pending court case or other legal issues.

    If seller is not cooperating or if there is any discrepancy, than immediately send a legal notice for cancellation of sale.

    I would advice you to seek immediate LEGAL help. Contact a good lawyer.


    • #3


      Re : Bayana refund due to incomplete property papers

      Its better to ask fro refund as mere any agrrement on stamp paper is not valid, untill or unless its registered


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