Hello, I Am in a dilemma. The thing is that my mother sold her house 2 months. An agreement was made 2 months between her and the buyer. The buyer gave 10% as token money or 'bayana' and a date was written on agreement on which final payments would be done.
Meanwhile in between , indian government has cancelled all the deals through power of attorney and only freehold deals are to be done. Now, in order to carry on with the deal, the buyer came and suggested to freehold our flat for which he will pay the money and all necessary expenses whenever freehold is done but will cut back a certain amount of money(15% of freeholding amount). So we agreed.
On the date of payment, What he wrote in agreement(sale deed) are these clauses which forbade us to accept the agreement:
1. He didnt mention the 15% amount to be cut in the agreement.
2. He wrote a clause stating that freeholding responsibility is completely ours and he will only pay the expenses to be incurred and till its not done he wont pay our remaining amount.
Now neither he nor us have any clue if power of attorney deals will be revived or not and when will it occur. So accepting the agreement would mean we take responsibilty to freehold it and so we didnt sign it.
Now, on the day of payment because he was not agreeing to change the clause and we were not ready to accept, it was kind of mutual cancellation of deal through word of mouth. And he asked for his bayana back. My qoestions are as follows:
1. Are we liable to return the bayana amount? When the initial agreement was signed between both parties no clause of freehold was there.
2. how much time can we ask from to return the bayana amount? We have actually invested it somewhere else and so we need time to repay. He told us to return him money in a week.
Please answer my queries.
