Property purchase

htarap1973 (Querist) 20 May 2012 This query is : Resolved
I have paid token money in cheque for purchase of flat in presence of 2 witness and have provided the documents for verification. There are some issues in the documents, is the token money refundable and in case the seller refuses to do so what is the suggested course of action.

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Adv.R.P.Chugh (Expert) 20 May 2012
If the issues relate to title of the seller then you have the right to call off the transaction because every sale carries with it implicit in itself a warranty of title, you are entitled to get your amount back + damages. If seller fails to pay up serve a legal notice followed by a suit for recovery.

Feel free to talk !

M/s. Y-not legal services (Expert) 20 May 2012
if there is any sale agreement between you mean you can act upon the agreement only.

if you have any acknowledgement for the said token advance mean you can get back,,

-tom-

ashutosh mishra (Expert) 20 May 2012
yes!In the circumstances stated by you if issues are relating to defect in title,then of course you can ask for refund and damages first orally ,then by notice and on any refusal by a law suit.

Personal Service of a lawyer is required.