cancel of property deal
Querist :
Anonymous
(Querist) 10 May 2010
This query is : Resolved
Dear sir,
I had booked resale flat for 23,00,000 in mumbai by paying 4,50,000 as down payment.
Agreement has been registered at register office by paying 1.30k as stamp duty and registration charges.
today my registered agreement get cancel as 45 day has been over. (same clause has been mention in agreement)
As still my loan process is going,
seller is now demanding 2,50,000 more value for same flat, so i would like to cancelled the deed. seller is ready to give money refund only, 2,50,000
and 2,00,000 he is charging cancellation charges, there is no cancellation charges has been mention in agreement.
Is buyer doing right?
or help me how to get refund from him.
Now I also want to cancel deed, doesn’t want to proceed further.
R.R. KRISHNAA
(Expert) 10 May 2010
Issue a legal notice seeking refund of the entire advance amount paid (4,50,000).
bhagwat patil
(Expert) 10 May 2010
If u cancell on ur part u have to bear a loss. dont say u want to cancell go let litigation. enter ur contract on ROR u will get total amt.
Querist :
Anonymous
(Querist) 10 May 2010
Dear sir,
Thanks Mr. R.R. KRISHNAA for your replay.
after issue a legal notice when can i get my refund.
to get a refund i need to cancel a registered aggrement at register office.
so how should i start my process to get refund.
Please guide.
Raj Kumar Makkad
(Expert) 10 May 2010
You need not formally cancel the agreement but due to failure to comply with your notice, you shall get a right to file a suit for specific performance and refund shall depend upon the outcome of the suit.
