Cancellation of unreg. sale agreement after payment of advan

Querist : Anonymous (Querist) 20 May 2021 This query is : Resolved
Dear Sir/Ma'am

I had entered into an unregistered sale agreement as a buyer by giving 7 lakh rs as an advance, I have to pay the rest by 45 days. However, due to covid, I have lost my job and I cannot find a loan to pay the remainder. I want to cancel the agreement and ask for refund of the advance.

The agreement has no clauses of cancellation. Please assist if I can cancel the agreement and receive a refund.

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Quick Summary

If you need to cancel an unregistered sale agreement after paying an advance, it's advisable to first contact the seller and explain your circumstances. Communicate your decision in writing, perhaps via registered post, outlining your reasons and requesting a refund of the advance, potentially minus administrative charges. If an amicable settlement isn't reached, consider consulting a local lawyer to understand your legal recourse, which may involve issuing a legal notice or filing a suit for recovery.

Sankaranarayanan (Expert) 20 May 2021
Explain the situation and demand him to back your money.. if not then consult a local lawyer and issue notice and act accordingly

T. Kalaiselvan, Advocate (Expert) 20 May 2021
You can communicate your decision to cancel the sale agreement by sending your communication in writing by registered post to the seller with the reasons that you may rely upon and demand refund ot the advance amount by deducting the administrative charges, if any.
If he is not entertaining your demand you may resort to legal action on the basis of your communication by filing a suit before court for recovery of your amount.

Sri Vijayan.A (Expert) 20 May 2021
Contact the seller and explain the circumstances.
Definitely he will understand and accept to cancel it.
Have a written cancellation deed and get back the advanced amount. Cancellation deed is for the welfare/ benefit of the seller.
The agreement is not registered and as such cancellation is also need not be registered.
Without cancelling the agreement, the seller cannot sell the property to third party.
If the seller demands any sum as penalty, it is to be decided on negotiation.

Advocate Bhartesh goyal (Expert) 20 May 2021
Settle the matter amicably else you have to knock the doors of court.

kavksatyanarayana (Expert) 20 May 2021
Yes. Amicably settle the issue. Appraise him your situation by taking the help of your well-wishers. If not settled consult a local lawyer for guidance.

Dr J C Vashista (Expert) 21 May 2021
I agree with experts advise.
Settle the matter amicably.
If you are unable to reach to some positive conclusion, cancel the agreement in writing and issue legal notice to the vendor of property.
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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