LEGAL GUIDE · PROPERTY, INHERITANCE AND REVENUE RECORDS
Earnest money paid but the property sale falls through
When a property sale fails, the treatment of earnest money depends on the agreement, the nature of the payment, the breach alleged and applicable law. Refund, forfeiture and specific performance are separate issues; a clause labelled non-refundable does not answer every dispute.
What to examine
Reconstruct the agreed conditions and each side's performance. A failure caused by a seller's defective title differs from a buyer declining a transaction despite a seller being ready to complete. Preserve demands, responses and proposed completion arrangements. Do not rely only on the receipt while ignoring the agreement it refers to.
Records to collect
- Agreement and receipts
- bank transfers
- title objections
- completion communications
Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.
The applicable framework
For Kashmir property, the revenue entry, registered instrument, physical possession and underlying legal right should be examined separately. Different issues can require different authorities or civil relief. A service directory explains available services but does not replace the governing statute, current notification or an order in the particular matter.
A practical next step
Prepare a payment and performance schedule. Assess the claim for return, damages or completion and any applicable deadline before signing a final settlement or admission.
Related guidance
- The buyer has not paid the full sale price
- Paying or receiving property-sale funds from overseas
- Khasra, Khata, Khewat and Intkal — reading a Kashmir property record
- Property, inheritance and revenue records — practice information
- Browse this guide collection
Sources and official resources
- J&K e-Nyaya Sarathi — registration and revenue-record terminology
- J&K Law Department — legislation and current notifications
Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.