Subject: Request for Legal Opinion – Refund of Advance Amount for Plot Purchase

Question

► I am seeking legal advice regarding a plot purchase issue in Shivamoga, Karnataka. I entered into an agreement to purchase a plot in a developed layout from a owner on 03.01.2023. The total sale consideration was ₹20,00,000. I paid an advance amount of ₹5,00,000 through bank transfer (proof available). As per the agreement, the developer agreed to complete registration within 1 year. However, even after 3 years, the registration has not been completed. In the meantime, the owner has passed away on 26.05.2025, and the property has devolved upon his legal heirs (wife and brother). The legal heirs are currently having internal disputes regarding property division and are refusing/delaying both: Registration of the plot, and Refund of my advance amount. I have already decided that I am willing to accept refund of ₹5,00,000 with interest, instead of proceeding with the purchase. My queries: 1.What is the best legal remedy to recover my money quickly? 2.Whether I should proceed through Consumer Court, Civil Court, or both? 3.Can I initiate criminal action (IPC 406/420) in parallel? 4.What is the expected timeline and cost involved? 5.Is Lok Adalat / settlement advisable in this situation? Documents available: 1.Sale Agreement copy 2.Bank transfer proof (₹5,00,000) 3.Details of legal heirs and death certificate of owner Kindly advise the best course of action for fast and effective recovery of my money.

Answer 1

Dear Sir,

Yes, settlement is strongly advisable in your case. Since the legal heirs are already in dispute, they may prefer to resolve your claim quickly to avoid further complications. Approaching Lok Adalat or mediation—either directly or after filing a consumer case—can lead to faster recovery. Courts also encourage settlement at early stages, especially in money refund matters.

Start by issuing a strong legal notice to all legal heirs, clearly terminating the agreement and demanding refund with interest within a fixed time (say 15 days). If they fail, immediately file a consumer complaint seeking refund, interest, and compensation. Parallelly, keep the option of criminal complaint as a pressure tactic if you notice deliberate evasion or fraud.

Subject: Request for Legal Opinion – Refund of Advance Amount for Plot Purchase

1 Answer