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Legal Notice to Return Bayana (Earnest Money)

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Sender and Recipient
The payment and the property
Why the sale failed
The demand
Serving this notice

Step 1 of 5

Sender and Recipient

Sender's full nameNeeded

For example: Ramesh Kumar

Sender's addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

Seller's (Recipient's) full nameNeeded

For example: Suresh Kumar

Recipient's addressNeeded

House / flat / plot no.

Street, sector or locality

City area and PIN code

More details — you may leave these

Sender's phone numberYou may leave this

A number somebody can be reached on. Ten digits is the usual Indian form, and a country code in front of it is fine if you want it there.

For example: 98765 43210

Sender's emailYou may leave this

An email address somebody actually reads. Notices under a document like this can be sent to it, so a working one matters more than a tidy one.

For example: ramesh.kumar@example.com

A second address for the RecipientYou may leave this

House / flat / plot no.

Street, sector or locality

City area and PIN code

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LEGAL NOTICE FOR RETURN OF BAYANA

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

TO:
__________
__________

FROM:
__________
__________

Dear Sir / Madam,

1. THE PAYMENT

2. WHY THE SALE HAS NOT GONE AHEAD

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

3. THE DEMAND

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

4.2 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

6. JURISDICTION AND REPLY

Yours faithfully,

ACKNOWLEDGEMENT OF RECEIPT (for use where this notice is delivered by hand)

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

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