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Sashi Kumar (Querist) 01 March 2017 This query is : Resolved
If the seller has canceled a unregistered sale agreement by giving a legal notice of cancellation to the buyer because buyer defaulted to pay 1st payment and final payment by the specified date mentioned in the contract.

My question is can the buyer register a cancelled sale agreement without the consent of the seller.

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Guest (Expert) 01 March 2017
What was the Reply of the Buyer to the Legal Notice.The same to be Published in News Paper also with regard to cancellation.If No response to Cancellation Notice after 3 months the Copy of the News Paper advt and the Copy of Legal Notice to be Filed with Registrar and to ensure it should reflect in EC.Seek the Help of Good Document Writers at Concerned Registrar Office Or A Good Advocate.Better to Return the Advance amount received from the Buyer to avoid Litigation.In such Cases the Specific Performance Suit Could be Filed with in a Period of 3 years from the date of agreement.

Sashi Kumar (Querist) 01 March 2017
Thanks for your reply Mr Rajkumar.

Can a specific performance suit be filed by the buyer if the sale agreement was never registered.

Sashi Kumar (Querist) 01 March 2017
The agreement also had this clause:

That in case the first party backs out from this transaction then the first party is liable to refund the double amount of earnest money to the second party and in case the second party backs out from this transaction then his paid amount of earnest money shall be forfeited by the first party.

Can a specific performance suit be filed by the buyer if the sale agreement was never registered along with this clause in the contract.

Guest (Expert) 01 March 2017
Please First Tell me the Real Purpose of your Query.

Kumar Doab (Expert) 01 March 2017
Agreed with Mr. N.J.S.Rajkumar.

Ms.Usha Kapoor (Expert) 02 March 2017
Agreed with NJS Rajkumar.

Sashi Kumar (Querist) 02 March 2017
The buyer has filed a specific performance suit.

The contract was not registered, but in the suit it shows the contract is a registered contract.

Can a canceled contract be registered without other party consent or notification.

Guest (Expert) 02 March 2017
It would be Illegal if such Agreement is registered with out the Consent/Presence of the Seller.Better collect the Copy of it and Verify with the Concerned Registrar Office and it would be an Additional Supporting Point in your Case.Also File a Complaint with IG Registrar of your State about Illegal Registration of Such Document and See that Concerned Registrar Cancels It.Seek the Help of a Dynamic Advocate of your Place.

Sashi Kumar (Querist) 02 March 2017
Thanks Mr Rajkumar, If I want to get your consultation regarding this case how can I contact you. Can I get your email or phone number.

Guest (Expert) 02 March 2017
rajkumar_wins @ rediffmail.com 9967476751/9444036927

Rajendra K Goyal (Expert) 02 March 2017
Without knowing full case file details / material facts/ all related documents, nothing fruitful can be advised.

Since the case for specific performance filed, proceed with the case on merits. Engage services of some senior lawyer.

Guest (Expert) 02 March 2017
Well Advised by Madam RK Goyal

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