Dear Client,In that case you should immediately issue a Legal Notice to first buyer therafter file a recovery suit against him and if you need more clarification then contact us then i will try to elaborate properly.

Advocate Anurag Bhatt

Allahabad High Court.

1, This is quite common problem and hence ti safeguard the perspective buyer the appropriate recital/clause is to be mentioned in the sale agreement.

2. So check whether there is any such terms whereby the seller is bound to return the earnest money if the loan is not sanctioned or the seller fails to rove his title.

3. Send him a legal notice cancelling the agreement and ask for return of advance money.

4. Without forfeiture clause the seller can not withheld the advance money.

5. If he refuses to do so then you can file civil suit for recovery of money and for cheating as well.

1)what were the terms and conditions of sale purchase agreement ?

2) did it contain a clause that in the event seller fails to make out a clear and marketable title to the flat advance money paid would be refunded?

3) was sale agreement registered?

4) you can cancel the agreement if seller fails to furnish clear and marketable title to the property

5)issue legal notice to seller that as no clear and marketable title to flat has been made bank is refusing to sanction loan and ask for refund of your earnest money .

6) if seller fails to refund then file suit for recovery of your earnest money

7) you cant be forced to buy the flat . contact a local lawyer

First verify whether the apartment owners have formed the association. If so you will be getting the documents pertaining to your apartment there. Or else you have to give him the notice and claim your money back.

Hi, if there is no clear title, the property which you are going to buy is defective title then issue notice to the owner for return of the money which you have advanced......if not paid file a suit for recovery of the money.

Check the agreement you entered into if there is any clause of termination and what about earnest money.Even otherwise also, you can terminate the agreement for the reasons of defective /unclear title and being it a un-concluded contract, you can recover the amount paid to him.File case for recovery.

A. I buyer has defective title, hence your are entitle to get advance amount by filing suit for recovery of money.

B. Notwithstanding in the absence of any penal or forfeiture clause in your agreement that your right will be protected under the law.

C. Kindly issue legal notice regarding cancellation of the agreement and seek advance money.

D. Apart from that agreement if you gave money to him, no problem you have released amount vide issue of cheque that it can be treated as a receipt of the amount and you can take defense by narrating the facts that I have paid an amount for the documentation charges and repair works.

1. If he is the first buyer of the flat in a building having multiple flats, then he is not expected to have the original link deeds of the land,

2. You can make a search about he chain of deeds from the registration office about he land and also the Development Agreement,

3. If here is any defect in the title, the owner is bound to refund you the advance paid by you,

4. Was it not mentioned in he agreement of sale hat he amount advanced will be returned within 7 days if any defect in title of the owner is detected?

5, However, you can lodge a police complaint against him or cheating,

6. Since you a consumer here, you can file a recovery suit or file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of he advance amount, damage and cost.