Cancellation of agreement

raghavendra (Querist) 27 January 2012 This query is : Resolved
sir,

how to cancel the registrated agreement ?

what is procedure ?
if i cancelled can get get my duty paid back ?

thanking you

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ajay sethi (Expert) 27 January 2012
enter into deed of cancellation .

you wont get refund of your stamp duty paid

Raj Kumar Makkad (Expert) 27 January 2012
The procedure of cancellation of registered agreement is same as was adopted at the time of its registration.

If the agreement was not acted upon and is cancelled soon after its registration then the refund can be got claimed by moving an application to the TO of the District who after due enquiries and after deducting the mandatory deductions can order for refund of stamp duty affixed over the agreement.

raghavendra (Querist) 27 January 2012
sir,
in this matter total price of TDR is 50 lakh company paid 5 lakh as advance and reduced agreement to sale deed (unregistered) now due to some dispute agreement is canceled , company cannot purchase the TDR , now how to cancel the that saledeed ,

Advocate. Arunagiri (Expert) 27 January 2012
Who is in possession of the original documents?

Raj Kumar Makkad (Expert) 28 January 2012
In the given case, stamp duty can be got refunded as advised above,

raghavendra (Querist) 28 January 2012
sir,
company only having the original unregistered saledeed , party ready to ay the money back without interest , now how to cancel the saledeed, is it enough to take back original sale deed ? or any other procedure need to follow.

ajay sethi (Expert) 28 January 2012
even if you take back the originals compnay may have kept xerox copies of agreement . it can create legal problems later company may claim originals lost .

contact a local lawyer . have proper deed of cancellation prepared . get it regsitered .

prabhakar singh (Expert) 29 January 2012
Answer to your original post is that either mutual bilateral deed of cancellation or by a suit.

V R SHROFF (Expert) 29 January 2012
ADEQUATELY REPLIED.
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