Cancellation of the agreement for sale of an apartment
sweety f
(Querist) 29 July 2013
This query is : Resolved
THE PURCHASER N BUYER HAS EXECUTED AN AGREEMENT FOR SALE WITH TERMS N CONDITIONS TO PAY THE AMOUNT WITHIN A PERIOD OF SIX MONTHS. THE AMT IS PAID IN FULL. THE SOCIETY HAS DELAYED IN GIVING AN NOC N THE FLAT COANNOT BE TRANSFERRED SINCE ONE OF THE CO- APPLICANT[SPOUSE HAS EXPIRED 7 YRS AGO] WHICH WAS REFLECTED IN THE AGREEMENT. HOWEVER THE PURCHASER IS ABUSING, THREATENING AND USING MUSCLE POWER TO EVICT FROM THE FLAT BEFORE THE FLAT IS TRANSFERRED.
*************I WANT TO KNOW WHAT IS THE LEGAL REMEDY 2] CAN I FILE A CANCELLATION DEED 3] CAN I SEND A NOTICE TO THE SOCIETY NOT TO TRANSFER THE FLAT AS I AM CANCELLATION THE AGREEMENT 4] WHAT IS THE PROCEDURE FOR CANCELLATION OF THE DEED. 5] CAN THE SELLER FILE THE CANCELLATION DEED OR SHOULD BOTH PARTIES ARE REQUIRED TO FILE THE DEED. 6] WILL I GET THE REFUND OF THE STAMP DUTY PAID WHILE REGISTEREING THE AGREEMENT FOR SALE. IT WAS EXECUTED ON DECEMBER 30 2012.
*********PLS ADVICE***** WHAT IS THE BEST LEGAL OPTION*****
ajay sethi
(Expert) 29 July 2013
you have received full consideration of flat . agreement has been duly regd . vacate the flat . transfer process may take time because of legal formalities . how can you cancel agreement when you have received full payment .?
. for deed of cancellation consent of both parties is necessary
contact a local lawyer
R.K Nanda
(Expert) 29 July 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 29 July 2013
Consult local lawyer with all the documents.