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Cancellation of sale deed

Querist : Anonymous (Querist) 04 December 2018 This query is : Resolved 
Dear sir,

My grandma has purchased an apartment in A block and got registered in her name but the construction of A block is yet to be completed so the seller provided her with an apartment in c block for a meanwhile by virtue of MOU between them.

But it has been so long and the construction of the apartment in A block is not over. So, she asked the seller to cancel her A block apartment by way of cancellation deed and to get registered the apartment in C block, seller also agreed to this transaction.

In this transaction to be on the safer side I would like to know whether it is necessary to draft an MOU between the seller and my grandma stating that �after cancellation of the former sale deed the seller has to register the apartment in C block within some days�

Kindly guide me in this regard
Dr J C Vashista (Expert) 04 December 2018
Anonymous author is not obliged by experts as per rule of this platform.
H. S. Thukral (Expert) 04 December 2018
Yes , it is desirable to sign a fresh MOU which should contain beside other things, period of completion. Time is essence of a property contract.
Querist : Anonymous (Querist) 04 December 2018
Thanks Mr. H.S. Thukral for your valuable advice.
Kumar Doab (Expert) 04 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab (Expert) 04 December 2018
Same Query;
Kumar Doab (Expert) 04 December 2018
Though one MoU copy is with you, let your own LOCAl counsel draft the narration further to suit your long term interest.

One must not take chances in such/property matters
Kumar Doab (Expert) 04 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Consumer/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/Civil matters.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.

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