Stamp act article 33 revenue order | bayana forfeited

1)Please disclose facts as to why the husband signed the agreement without authority when the property is in the name of the wife..  It is the duty of the buyer to get EC and link deed in the name of wife and to verify as to whether he is entering into a contract with the necessary party, the named seller stated with a title deed in her name.  The role of the wife is not known. The agreement is not enforceable legally. 

2..  Your wife can deny that she has not executed an advance agreement.  When she is not a party, the order itself is not valid and not proper.

3.Certainly, if the wife denies her signature, it amounts to fraud by her husband.  How the seller who has never received Advance can forfeit the advance.

4.It is to be decided by a competent court when the purchaser approaches the court, the court decides on facts as to whether there was a conspiracy in between wife and husband to defraud the purchaser, and who breached the contract, reasons for accepting agreement advance by husband, the reasonable precautions followed by the prudent purchaser, etc.

If the purchaser files a case, the seller can defend on his grounds. On what grounds the seller can forfeit the token advance etc are valid grounds.. It is proper to contact a local advocate, as facts are not being stated correctly.

Thanks a lot Sir for your advice , here are some additional input.
1) The reason Wife didn't sign because she was not present during the deal's first meeting and first Agg to sell was on dealer letter head where term & condition was been cut off by seller and considered as only token receipt by both party since propoerty has to be in wife's name and has to purchase property.Seller promised to send another "Agg to sell" with agreed term and condition which seller did and he sent a another Agg. to sell after 5 days but the term and condition were different than agreed and my wife didn't sign that as well and we asked for refund through email/through dealer.

2) When seller forfeited the amount and terminated the agreement then we lodged a 420,406 FIR against them. It was agreed between us that if any party withdraw from the deal for any reason the seller must refund the complete amount and its mentioned in the 2nd agg. to sell sent by seller and signed by him only.

3) Seller himself has confirmed in writing that the first "Agg to sell" is defective and Non-Executable because he is aware that my wife didn't sign since it was token receipt, but how can husband be charged with fraud as he lost his money not the seller in-fact its seller who stopped responding to phone,email text, whatsapp after taking money.

4) Are you saying if my wife denies signature in first "Agg to Sell" then seller could rightfully forfeit the amount ?

5) will the 2nd agg. to sell where its mentioned to refund the amount in any case of deal cancellation, Is still seller is still authorized to forfeit the amount ? if we take one sided agg to the court will it considered as evidence for terms & condition.??

Both the sale agreements  which are purportedly entered between the buyer and the seller are not valid or enforceable i law even if it was signed by the actual parties to this agreement.

The seller pretty well knew that the wife did not sign even though her name was mentioned as another party to the agreement but it was signed by the husband,  if the builder claims himself to be too genuine then he should have initiate action for the acts of forgery agaisnt the husband to have forged the wife's signature.

Having accepted the token money on the basis of the 1st agreement pretty well knowing tht the wife actually did not sign but it was signed by the husband on the name of wife, then the seller is also a party to fraudulent act. 

Now if the wife is lodging a a complaint against her husband for the acts of forgery, then the seller also would be implicated as an accused to this fraudulent transaction. 

Thus you may better do not complicate the things any further and instead of facing more legal consequences, better settle the matter on a compromise note to avoid further losses on both the sides