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hematripathi   21 May 2015

Refund of token money

On 9th of May we had shown interest in purchashing a property in Shriram Samruddhi. To close the deal we had paid the token amt of 1 lac rs to the owner. However, due to some medical emergency in the family, we need to back out of this transaction. We have the screen shot of the money transfered to his account and the receipt. However, no legal agreement was done till now. Owner is now refusing to refund the entire token money stating that he is not legally bound to do so. Please guide us about the legal procedure in this case. Is it correct that under the law token amount is non-refundable even when sale deed or any other legal agreement is not entered into.

--

Hema



Learning

 2 Replies

Hardeep (Business)     21 May 2015

Token amounts are forfeit if deal does not close, generally. But in your case as there is no written agreement it is a question of other evidences and oral assertions.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 May 2015

Sir, 

 

Better send a legal notice and recover the amount, because it was an oral contract and you can seek the money back from them..

Warm Regards

Kapil Chandna Adv 

9899011450


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