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Atul Vaja   24 April 2017

Cancellation of Agreement to sale between Buider and Buyer

Dear Experts, We are builders in Ratnagiri District of Maharashtra state in India. My client has booked residential flat in our on going project, he paid initial booking amount at the time of booking, and after 2 months he also paid some amount towards the residential flat and we did registration of Agreement to Sale. As per agreement buyer has to pay remaining payments toward said flat, but he failed to pay on time it is almost a year time, and he is buying just time after continues follow up. Housing loan also sanctioned but due to some reason he has asked financial institute to hold for disbursement. We have also send him legal notice twice for balance payment but he denied to accept the notice, in between this period he has dishonored cheque twice as well. Now we want to cancel the Agreement to sale but he may not be agreed for the same. Kindly advice us how to cancel the agreement as per cancellation clause mentioned in agreement ? Looking for reply from experts..


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 April 2017

cancel the agreement as per cancellation clause mentioned in agreement. By intimating to other party with sufficient time.
 

Atul Vaja   24 April 2017

Thank you sir, for your speedy response..

please let us know, how to cancel the agreement for sale if Client is not ready to come for cancellation deed at registar office..as far as we had sent notification via letters and by lawer's notice as well but he refuse to accept the notice, we have received the memo from post office as "unclaimed".

it will be great if you can suggest the procedure of cancellation of Agreement for sale without presense of buyer..any court involments is required ?

Thanks..


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