Cancel of land sale un registerd agreement
anzal
(Querist) 20 December 2011
This query is : Resolved
sir i had made an agreement for sale of my family property with a person. we made a agreement of paying 5 lakh in advance , half of the full amount by 3 month & rest by next 3 month, in document. but as the person was introduced by knowing person , by word we made a agreement of paying 12% of total amount in first week & rest periodicaly , but these condition's in oral , was not said in the document. now we realize the person purchsed from us is a dealer, & he is trying to sale our property to another person & he havn't paid a single amount other than advance . now it's only 45 days over from the date of agreement. we had to get the amount periodicaly , which we made a deal in oral, other wise there is no need of sale. so can we cancel agreement by waiting for 3 month & refunding the advance amount. out of the 3 witness in the agreement 2 are at our side.the agreement is not registerd & made on 100 rs stamp paper
Nadeem Qureshi
(Expert) 20 December 2011
Dear Anzal
yes you can. but the second party have right to file a case against you under SPA.
What are the terms & condition in agreement
feel free to call
prabhakar singh
(Expert) 20 December 2011
Let a default first take place then revert back here with attachment of agreement but only when you have not accepted any delayed payment against the terms of agreements.
Raj Kumar Makkad
(Expert) 20 December 2011
Sale by buyer to some other persons during the pendancy of an agreement with you is not a sin and it generally happens with common person when he finds profit out of advance money then he tries to dispose off the same. You should not care about it rather try to consolidate your position. You should demand the installments to the buyer property dealer within the undertaken time otherwise to face its consequences. I hope property dealer who has further undertaken to sale, shall not give you a chance to make complaint.
Shonee Kapoor
(Expert) 20 December 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
anzal
(Querist) 21 December 2011
in document the conditions are to pay half of full amount within first 3 month & so we have to give possesion . the rest of the amount within next 3 month & register to buyers name................. if anyone of the parties are not able follow these conditions , then the party who is not able to follow the conditions, should give the other compensation for his loss. ............... these are the words in the document
prabhakar singh
(Expert) 21 December 2011
The oral terms are meaningless with reference to any dispute more particularly when the basic contract is in writing the subsequent modifications should also be in writing as they propose to alter the earlier terms,and not that there is some oral addition only.
Your present dis-closer reveals that with regard to payment cycle time has not been agreed to be an essence of contract because for default or delay in payment has been agreed to be compensated by some extra amount.In this scenario you can not repudiate or cancel the agreement on the ground of delay in payment.
You are advised not to give possession until sale deed is finally executed since any chance to serve notice to cancel the agreement may arise only after six months.In case you do not receive half of the amount within 03 months,the default should be objected by notice in writing clearly that if full payment along with compensation for delay made is not materialized latest by six month and a sale deed is not made on date falling on six month,the agreement shall stand cancelled if he does not come prepared for execution of sale deed on the date prefixed by you falling just on six months from date of agreement.On that date so fixed you must attend and get your presence marked on sub registrar office and should also obtain a certificate of your presence from sub registrar after paying nominal fees fixed therefor.
