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ricks   22 May 2015

Canceling a registered sale agreement

Hi..

Due to family pressure, I was forced to sign a registered sale agreement for a plot. I haven't got even a penny from the 'supposed' buyer, but he mentioned some amount in that sale agreement. I am in need of money now, and even after asking for some money, he is not giving any. The due date is till the mid September. Unfortunately, he is my cousin, and he and his family are doing all illegal stuff, like they've shut our business down, they have violated an agreement made on the same date as the sale agreement, and even before the sale agreement, when I wanted to sell the plot, his father threatened the buyer, so much so, that he canceled the deal, even after giving a token amount. Then he wrote his name in my plot, stating that it is not for sale. I and my family are suffering a lot due to them. Now I want to cancel the deal immediately coz I need money, and I don't want to give the plot to them, at any cost! I don't want to do it illegally like them. Please suggest me ways of doing it. Should I give some legal notice to them, or anything else, which may take less time, and I may get in a position to sell my plot legally? Mutual cancelation is out of question now, as he will not agree. 



Learning

 4 Replies

Jeetender Gupta (Advocate)     22 May 2015

You must wait till September else how will you establish any breach on your part. And if you terminate you will become liable for refund of any sums acknowledged by you in agreement. And based on this if buyer obtains a stay from court you won't be able to sell property to some one else also.

Kumar Doab (FIN)     22 May 2015

Generate evidence that amounts mentioned in agreement are not paid..........and that an illegal notice was placed on plot Generate evidence of breach Consult local lawyer

Biswanath Roy (Advocate)     23 May 2015

Agreement for Sale does not create any title. If you want to cancel the exising deal you may mail me a scanned copy of the Agreement to achieve your goal but for scrutiny and my advice you shall have to pay me affordable professional fees. My E-mail ID is : bnroy.advocate@gmail.com

T. Kalaiselvan, Advocate (Advocate)     25 May 2015

If you have proof that he hasot paid the advance amount of sale considration, you can very well issue a notice and terminate the sale agreement.  Consult your lawyer on further issues.


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