Kaagazaat

Legal Notice to Return Bayana (Earnest Money)

At a glance

Price
Free, always.
Stamp duty
No stamp duty in Punjab or Chandigarh — a notice that demands payment, performance or the stopping of an act creates, transfers or ends no right in property, and is not a chargeable instrument under the Indian Stamp Act, 1899.
Registration
Not registrable in Punjab or Chandigarh — Section 17 of the Registration Act, 1908 reaches instruments that create or transfer an interest in property, not a one-sided demand.
Witnesses
None required in Punjab or Chandigarh — this is a one-sided notice, not an instrument two parties sign.

Free

Free, always.

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Also called

  • bayana wapsi notice
  • earnest money refund notice
  • advance refund notice for property
  • token money return notice
  • bayana lautane ka notice
  • बयाना वापसी का नोटिस
  • अग्रिम राशि लौटाने का नोटिस
  • ਬਿਆਨਾ ਵਾਪਸੀ ਦਾ ਨੋਟਿਸ

When you need it

Use this when you paid bayana (earnest money) or an advance towards buying a property, the sale has not gone ahead through no fault of yours, and the seller will not give the money back. The notice records the payment, says why the sale failed, demands the money with interest within a fixed time, and warns that you will sue for it.

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It also answers the seller's usual reply that the bayana is forfeited. Not for pressing the seller to complete the sale — use the Legal Notice for Specific Performance. Not the Refund of Earnest Money Letter, which records money that has already been, or is agreed to be, returned. Not for a seller who is forfeiting the bayana after the buyer backed out — see the Notice of Forfeiture of Earnest Money. Read before sending: if the sale failed because of your own default, such as not arranging the money on time, the seller may be entitled to keep part of the bayana. Do not state a reason you cannot support.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp duty in Punjab or Chandigarh — a notice that demands payment, performance or the stopping of an act creates, transfers or ends no right in property, and is not a chargeable instrument under the Indian Stamp Act, 1899. Plain paper or an advocate's letterhead is enough; no e-stamp exists for a document of this kind.

Registration

Not registrable in Punjab or Chandigarh — Section 17 of the Registration Act, 1908 reaches instruments that create or transfer an interest in property, not a one-sided demand. No Sub-Registrar takes a document of this kind.

Notarisation

Not required in Punjab or Chandigarh — notarising the notice adds nothing to its effect. What matters is proof that it reached the Recipient: the registered-post receipt and acknowledgement card, courier tracking, or a signed acknowledgement of hand delivery. Keep these with the file.

Witnesses

None required in Punjab or Chandigarh — this is a one-sided notice, not an instrument two parties sign. Witnesses matter only if the notice is delivered by hand (get the receiver's name, signature and date) or affixed because the Recipient cannot be found (two independent witnesses, a note of where and when, and photographs).

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Sample preview — placeholder answers, not your data

LEGAL NOTICE FOR RETURN OF BAYANA

Demanding that a seller repay the earnest money paid for a property sale that has not gone ahead.

Date: 3 April 2026

TO:
Suresh Kumar
SCO 42, Sector 34-A, Chandigarh 160022
And also at: X

FROM:
Ramesh Kumar
House No. 214, Sector 15-A, Chandigarh 160015
Phone: 98765 43210
Email: ramesh.kumar@example.com

SUBJECT: Demand for return of bayana of ₹5,00,000 (Rupees Five Lakh only) paid on 2 April 2026 for House No. 1234, Sector 21-C, Chandigarh, measuring 10 marla

Dear Sir / Madam,

1. THE PAYMENT

1.1 On 2 April 2026 the Sender paid ₹5,00,000 (Rupees Five Lakh only) to the Recipient by cheque no. 004512 drawn on State Bank of India as bayana (earnest money) towards the purchase of House No. 1234, Sector 21-C, Chandigarh, measuring 10 marla (the Property), under the agreement dated 1 April 2026 (the Agreement).

2. WHY THE SALE HAS NOT GONE AHEAD

2.1 The sale has not gone ahead because the Recipient has refused or failed to sign the sale deed.

2.2 The Recipient was asked on 3 July and 15 July 2026 to fix a date for the sale deed and did not respond. On 28 July 2026 the Recipient said the Property had been sold to another buyer.

2.3 The Sender is not in breach of the Agreement and is not responsible for the sale failing.

3. THE DEMAND

3.1 The Sender calls upon the Recipient to repay ₹5,00,000 (Rupees Five Lakh only) to the Sender, by account payee cheque or bank transfer, within 15 days of receipt of this notice.

3.2 The Sender also claims interest on that sum at 12 per cent a year from 2 April 2026 until it is repaid.

3.3 The Recipient has no right to keep the money. Even where an agreement allows bayana to be forfeited, the law allows a party to keep no more than reasonable compensation for loss actually caused (Section 74, Indian Contract Act, 1872), and the Sender is not the party in default.

4. IF THE RECIPIENT DOES NOT PAY

4.1 If the money is not repaid within that time, the Sender will file a civil suit against the Recipient for recovery of ₹5,00,000 (Rupees Five Lakh only) with interest and costs, and will claim any other relief the Agreement and the law allow.

4.2 Nothing in this notice, and no part-payment accepted by the Sender, waives any right or remedy of the Sender.

5. SERVICE OF THIS NOTICE

5.1 This notice is served by registered post with acknowledgement due. A notice properly addressed, pre-paid and posted is presumed to have been served in the ordinary course of post (Section 27, General Clauses Act, 1897). Refusal to accept delivery will be treated as service.

This notice is issued through Simran Kaur, Advocate, of Chamber No. 88, District Courts, Sector 43, Chandigarh. A reply may be sent to the Advocate as well as to the Sender.

6. JURISDICTION AND REPLY

Questions about this document

Does the Legal Notice to Return Bayana (Earnest Money) need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty in Punjab or Chandigarh — a notice that demands payment, performance or the stopping of an act creates, transfers or ends no right in property, and is not a chargeable instrument under the Indian Stamp Act, 1899.

See the full position on stamp duty, registration and witnesses
Does the Legal Notice to Return Bayana (Earnest Money) need registration in Punjab and Chandigarh?

Not registrable in Punjab or Chandigarh — Section 17 of the Registration Act, 1908 reaches instruments that create or transfer an interest in property, not a one-sided demand.

See the full position on stamp duty, registration and witnesses
What does the Legal Notice to Return Bayana (Earnest Money) cost on Kaagazaat?

Free, always.

Does the Legal Notice to Return Bayana (Earnest Money) need witnesses?

None required in Punjab or Chandigarh — this is a one-sided notice, not an instrument two parties sign.

See the full position on stamp duty, registration and witnesses

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