Sale agreement advance money refund

RENGASAMY (Querist) 22 August 2015 This query is : Resolved
I am a purchaser agree with the seller to buy the land of rs.300000/- i pay the advance ts.100000/- the time 3 month. But i cant give balance money . The limitation barred .now i need my advance am filling a civil suit for rrfund money. I need my favour citations

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Advocate/CS Sanjeev Kataria (Expert) 22 August 2015
dear Rengasamy, please note that money given as earnest money is not refundable. read the document carefully.

Guest (Expert) 22 August 2015
Your Humble Request to the Seller would Fetch you the Result Or your self Could Organise a Buyer to get your problem Solved.

Rajendra K Goyal (Expert) 22 August 2015
The conditions of the sale agreement need to be referred to deal the situation in such cases, generally the earnest money paid is not returnable / refundable. Amicable settlement may fetch better results.

DR.VEDULA GOPINATH (Expert) 22 August 2015

The language and intention of the parties to be elicited from the wording of the sale agreement.

If it is earnest money, it is not refundable. If advance for genuine reasons, the purchaser can claim it.

There is one english case and also our Indian SC case.
dr vedula gopinath arbitrator campg USA

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