Cancellation of registered flat
Mohammed Rizwan Shaikh
(Querist) 05 January 2012
This query is : Resolved
hi experts,
can a builder cancel the registered flat of the purchaser? If yes then on what grounds? As the owner of the land where the building is constructed wants to cancel the flats of two buyers who misbehaved with the owner of the land? Can the owner direct the developers to cancel the flats? If yes then what are the possibilities?
Devajyoti Barman
(Expert) 05 January 2012
No he can not.
If the flat is already transferred then sale deed can be cancelled except through the court of law and that too if it is proved that it was executed thorough force or coercion.
ajay sethi
(Expert) 05 January 2012
has the purchaser made payment on time ? if seller has executed agreement for sale with purchaser and purchaser has duly complied with terms and conditions of contract builder has no power to cancel agreement on grounds of misbeaviour by purchaser
Advocate M.Bhadra
(Expert) 05 January 2012
If the purchaser made full payment and it was registered deed then the builder can not cancel the deed, only court can cancel it if to be prove that there was a misrepresentation and fraud at the time of execution.
Raj Kumar Makkad
(Expert) 05 January 2012
The reason for cancellation is not legal especially when the previous owner of the land has already disposed off his land in favour of developer and subsequent purchasers have already made payment and have got the sale-deed executed in their favour.
No chance. The subsequent purchasers should immediately go to the civil court and should seek stay order.
Deepak Nair
(Expert) 06 January 2012
If the sale deed is registered, then it cannot be cancelled.
If only the agreement to sale is registered and the purchaser fails to follow the terms and conditins of the said agreement before completio of the purchase proceedings, then the builder can cancel, but that too as per the terms and conditions of the agreement to sale.
prabhakar singh
(Expert) 06 January 2012
If only booking has been made or a sale deed
has been made.
let it be what it may be ,no agreement can be cancelled by a party for other party misbehavior alone unless there is breach of the contract and at any rate of the matter it would or could be resolved by court only.
