Advance amount
Sanjeev Hota
(Querist) 23 May 2014
This query is : Resolved
"A" agreed to buy a house from "B" at 70 lakhs and proposed an advance amount to "B". But "B" did not agree to the proposed amount as he wanted a bigger advance. So "A" gave an token advance of 10 lakh with an assurance to "B" that he will pay another 10 lakhs by next week. Two days after this "A" said he doesn't want the house and wants the advance back. But "B" in the meanwhile spent part of the advance already and was not in a position to return it immediately. " A " is threatening to file a case against "B" for not returning advance. Is it possible that he can do so when he has gone back on his words?
Sanjeev Hota
(Querist) 24 May 2014
No Mr Barman I am not an advoacte
Devajyoti Barman
(Expert) 24 May 2014
Then how are you connected with this query?
You post queries of different topics here.
Sanjeev Hota
(Querist) 24 May 2014
I am an Human Rights activist....post queries which concern people who approach me with their problem. Try to help them with expert suggestions from lawyers like you are Mr Barman
P. Venu
(Expert) 24 May 2014
Is there an agreement which is written and registered?
Guest
(Expert) 24 May 2014
You can ask them to become members of LCI to directly get solutions to their problems. If any more information is required related to the problem, how you can expect that the expets should use your via media only.
ajay sethi
(Expert) 24 May 2014
agree with Dhingraji
Devajyoti Barman
(Expert) 24 May 2014
Yes, better ask those people to contact us through LCI as Dhingraji very rightly suggested.
We would be glad to help them.
Sanjeev Hota
(Querist) 24 May 2014
Dear Mr Dhingra and other expert members, these are people who may not be very tech savvy to know and speak to a lawyer....some without access to internet...some may not be having the right communication skills to speak in english which is used here...many times they have been exploited so badly that they are shy of speaking to anyone...other times their basic fundamental rights are violated so badly that they become isolated let alone speak or talk to a expert like you. If there is a problem speaking on behalf of people like this to give them some relief...then I have nothing more to ask...I assume this is a forum to help people in need....
If helping people who are in distress is not allowed here then I will withdraw.Beside this is not the only forum where i may ask help from . There are other sources where I get help from...the intention is to help people in need unconditionally. Thank you
P. Venu
(Expert) 25 May 2014
There is much merit in the queriest's view point. I am always willing help any queriest to the best of my knowledge and ability. I hope you will continue to interact with this forum and have faith in us.
Guest
(Expert) 25 May 2014
Since not sure about the intentions of the third person than the affected person, I normally don't prefer to reply queries posted on behalf of others.
Sanjeev Hota
(Querist) 25 May 2014
Thank you so much Mr P Venu for believing in good , sincere, and unconditional intentions which I have conveyed here.Keeps my faith in goodness and the forum here.
Sanjeev Hota
(Querist) 25 May 2014
Thank you too Advocate Mr Arungiri ...if you and Mr Venu or any other expert can help in resolving this problem I would be grateful
Guest
(Expert) 25 May 2014
As per the belief of Mr. Venu and Mr. Arungiri, I wish they should also reply the original query of the querist. The querist has already thanked them in anticipation of their advice. So, he deserve their advice also.
Sanjeev Hota
(Querist) 25 May 2014
Mr Venu there is no agreement but a receipt indicating advance taken...which mentions what amount A will pay be on final purchase of the house and the advance he has paid towards it... It is on a Rs 10 stamp paper but not registered.
T. Kalaiselvan, Advocate
(Expert) 25 May 2014
If there is no sale agreement in written and duly registered, it cannot be enforced by law neither a suit for specific performance will lie. However, if A is not willing to proceed with the agreement anymore, he should amicably settle the issue seeking return of the advance amount, in case the vendor is refusing to return, issue a legal demand notice followed by a money recovery suit based on the acknowledgment/receipt issue by the vendor.
Sanjeev Hota
(Querist) 25 May 2014
Thank you so much Mr Kalaiselvan
