2 Answers
Dear Client,
A token or earnest payment with clear understanding can become a pre-contractual obligation. If the seller or his agent, herein the nephew, refuses to sell, you can ask for refund of the deposit with interest, damages for promise breach or specific performance, but only in certain circumstances. In cases of agreements which are written and signed, it is generally easier to obtain a specific performance of immovable property. If the nephew was acting as an agent of the landlord, the landlord is bound by his actions. If the nephew had no authority, you can claim against the nephew personally, based on the situation. Preserve the evidence and then, with the help of a lawyer, send a legal notice to the nephew and landlord demanding either to proceed with the sale or to return the token with interest and compensation. If this does not bring results, you can file a civil suit for recovery in the appropriate court. You may also file a suit for specific performance in the civil court asking the court to direct the seller to execute the registered sale deed. You may, alternatively, go for mediation session to resolve the dispute faster. I hope this helps you to solve your problem. If you have any further queries, please feel free to contact.
Dear Sir,
If the seller kept the token money, you could file a recovery suit.
But because they are refunding it, the legal claim becomes weak.
Can WhatsApp Chats Help?
Yes, WhatsApp messages can be used as electronic evidence under:
Indian Evidence Act, 1872
If the chats clearly show:
Agreement on price
Agreement to sell specifically to you
Acceptance of the ₹2 lakh as part of sale consideration
then you might argue that a verbal agreement to sell existed.
However, courts are generally cautious when no written agreement to sell exists.