Sale of property

A real case where a father & son jointly owned property, took advance from a buyer, and now the deal is canceled. But the refund is stuck. Let’s break it down 👇

1/
Advance was paid and deposited only in the son’s account.
Now, the buyer wants the money back.
Son refuses to refund. ❌

2/
Who’s liable?
If both parties signed the deal — both may be held liable.
But since only son received money, he could be primarily accountable.

3/
📌 Takeaway:
In joint property deals, clarity in agreement & payment matters.
Legal mess can be avoided with the right contracts.

Need expert help?
👉 Ashwarya Sinha Law Firm – trusted in handling complex real estate cases among top law firms in India.

The terms and conditions of agreement to sell / purchase has to be pursued before forming an opinion on the issue of refund or refuse to refund earnest money received.

However, regarding the issue as to who will refund, if required i.e., you or your son has to be decided between both of you, it is not a legal dispute.

If sale agreement is signed by both of you then both are liable to refund token amount. 

The property is reportedly owned by both and also the sale agreement has been executed jointly by both hence both are liable to refund the amount amount upon cancellation of the sale agreement, however for further opinions a persual of the sale agreement is essential. 

Thank you sir.

You are welcome...

...

Is there a written agreement of sale? What does the agreement say about cancellation of sale? Does the agreement say that the amount is refundable or non-refundable? 

Irrespective of what the agreement says, my advice is to refund the entire amount. However, before doing that, please obtain proper legal advice and do everything in a legally valid manner. 

Just as he deposited the amount into your son's bank account, you too deposit the amount into his bank account. Check and cross-check that the account is in his name. 

You may also think of formally cancelling the sale agreement through Court, if the amount involved is high. To be safe. Consult more than one lawyer before you do anything. 

Very well analsyed by Law Student, I concur and appreciate his/her opinion and advise.