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: ____________