Mutual rescission of unregistered agreement for sale
4WhatIsRight
(Querist) 01 November 2011
This query is : Resolved
thank you all my dear friends.
adv. rajeev ( rajoo )
(Expert) 01 November 2011
Issue notice of cancellation of AOS and return the cheque
sanjeev murthy desai
(Expert) 01 November 2011
Yes it is amount to be rescission of the contract. In the court if you may seeking rescission must offer to give back all benefits raised under contract.
prabhakar singh
(Expert) 01 November 2011
I think what you are conceiving is correct.Parties can modify their agreement mutually when there is no dispute sending notice etc. is a futile exercise.Just enter into a newer one and in the new one mention the fact that the earlier agreement is being cancelled mutually and hereby fresh agreement
with fresh terms are being mutually incorporated.However i advise get the draft done by a lawyer.
Arun Kumar Bhagat
(Expert) 01 November 2011
I am also of the same view as of Mr. Prabhakar Singhji.
4WhatIsRight
(Querist) 01 November 2011
sir in new agreement how shall i refer to this agreement- the mutually cancelled agreement or the agreement rescinded by mutual assent.
can any party ask for performance of agreement cancelled by mutual consent or agreement rescinded by mutual assent
Shailesh Kr. Shah
(Expert) 02 November 2011
Now, It would be better to engage a lawyer, he will do needful to you.
4WhatIsRight
(Querist) 03 November 2011
Sir, i have engaged a lawyer as advised by you, but i need to enlighten myself. professional hired by me will never admit or accept his shortcomings, if any.
i will have to suffer for no fault of mine, if there is any mistake.
i appreciate your effort to help and guide.
