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Refund of advance money paid under the agreement for purchase of agricultural land from Scheduled Caste

Shivendra Pratap Singh

Advocate

28/04/2022/ 4:03:08 PM

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Question: I entered into an agreement with a person belonging to the scheduled case to purchase his land  for Rs. 12 lakhs and made advance payment of Rs 5 lakhs on 1.3.21. Sri Khairulal died on 25th March 21. I have to get back the advance from the sons of Shri Khairulal. Can I get a refund of advance money paid under the agreement for purchase of agricultural land from Scheduled Caste?

Asked from: Uttar Pradesh

A non-scheduled caste person cannot purchase the land belonging to a scheduled caste without permission of collector. You did not take permission from the collector hence, the object of this agreement is unlawful. 

This agreement is not enforceable because it is made in violation of Section 23 of the Indian Contract Act. This agreement is void, therefore, you cannot claim a refund of money from the legal heirs of Khairulal. If the legal heirs refund that amount then it is good otherwise you have no legal right to claim that money. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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