5 months ago, I paid advance amount of Rs.6 Lakh by check with Notary agreement. Before the agreement the seller told me within two months the land will become Non-agricultural(NA) then I get my final land owner agreement. But now it's more than 5 months but still he is not able to sell the land to me. he always ask me to give some days for NA but now I don't think he will able to make land NA. so I want my money back which is done by check payment. Also I have whatsapp chat and call recording with the seller regarding this agrrement. So how many chances of getting my money back. Because I have only notary agreement not registered agreement.
Note: 1) Payment made by check. and the check number also mentioned on notary.
2) Whatsapp chat, Personal conversation recording and call recording available.
So can I get legal support if he refuses me to give me back paid amount. please help me .
Dear Querist,
First is to file a civil suit for specific performance or a civil suit for damages. Second is to file a criminal case alleging cheating and fraud.
Such forfeited earnest money is taxed under the head ‘income from other sources’ and not under the head ‘capital gains’, even though the income is received with respect to a capital asset. Before the amendment of the law in 2014, the amount of forfeited earnest money was required to be deducted from the cost of acquisition of the asset with respect to which it was received, in the year in which the asset, which is the subject matter of the deal, was sold.
Regards,
Palak
