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Baina Nama

(Querist) 31 January 2016 This query is : Resolved 
I paid an amount of 50000 to land lord to buy a land and made an agreement called Baina Nama on 50 rupees judiciary stamp paper.
I want to know what happen if i will not buy the land?Will land lord return the amount?
And What is the validity of Baina Nama.
Guest (Expert) 31 January 2016
Mr. Sameer,

You could better have gone through the conditions of the agreement than asking the question here. That agreement would clearly indicate, what would happen, if any of the party does not honour the agreement.

By the way, who told you that bainama is an agreement?
sameer (Querist) 31 January 2016
Sir in Baina Nama only written that i have paid 50000 rupees as Baina Nama for buying certain amount of land.
Except this nothing more is written.
So i want to know if i dont buy the land then land lord will return the amount or not.
And what is the validity of Baina nama.
Laxmi Kant Joshi (Expert) 31 January 2016
If it is only bayana nama without conditions written on it then it has no legal value, ask the landlord to return your money .
Raj Kumar Makkad (Expert) 31 January 2016
Bainama means an agreement to sale which contains detailed terms and conditions relating to the sale for one party and purchase for the another party and all conditions related to any eventuality even after completion of registration process which you have not framed for the reasons best known to you both. Nothing can be commented here whether the seller shall return your money or not in case of your refusal to purchase the property.
R.K Nanda (Expert) 01 February 2016
agree with experts.
Guest (Expert) 01 February 2016
I can only say, with such type of agreement, either you tried to be oversmart or the landlord!
Adv. Yogen Kakade (Expert) 01 February 2016
rightly answered by the experts.
Rajendra K Goyal (Expert) 01 February 2016
If nothing clear from agreement terms, ask to return your token money paid and cancel the agreement.
sameer (Querist) 01 February 2016
I want to know only that could i force him to return the paid amount that i have not bought the land in term of law and order.


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