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Sale of agreement void

(Querist) 28 November 2013 This query is : Resolved 
Hello Sir,

I have a flat in Ghaziabad and i was planning to sell it asap. One of the Agent finalised the deal with some Financer(which i came to know later). Since this is the first time i was selling a flat, that broker and financer told verbally to me that we will do the Registration of Property within 60 days but since Original registration document take some time so we are mentioning 90 days in Sale of Agreement. Also, we will pay you amount in between of 60 days so that you can close your loan on property before registration.

Initially the Booking amount which he paid is not even complete 10% of property rate. After that he gave cheque of 2 lacs which got bounce with Insufficient Funds. after that he neither he is giving any amount and nor doing registration.

Since i am in urgent need to money, please let me know how i can get rid of this deed so that i can sell this property to someone else or any other option i have in this case?
Nadeem Qureshi (Expert) 28 November 2013
send a legal notice through lawyer
GAJENDRA SINGH (Querist) 28 November 2013
Thanks for response sir.
Please let me know that what do I mention in notice as there in no written proof of the communication we had. As per agreement he had 90 days.
malipeddi jaggarao (Expert) 29 November 2013
You will have to wait till the 90 days period as mentioned in the sale agreement is over.
GAJENDRA SINGH (Querist) 29 November 2013
Sir, since i am in urgent need of money, is it possible i can do deal with some other party?
Also, since i planned this deal for 60 days just want to know can he force me to do registration within 90 days? If yes, how?
Rajendra K Goyal (Expert) 29 November 2013
If in the sale agreement the time mentioned is 90 days, you have to wait till that time. You can not sell it to some other person till that date.

Since cheques are bounced, send legal notice u/s 138 NI Act through lawyer.
GAJENDRA SINGH (Querist) 29 November 2013
Sir,

One last question is that is there a way I can simply spend this period of 90 days to make this deed null and void? The reason being, since i will not be getting the money in stipulated time frame, for which i made this deal.

Thanks for your help and advise.
ajay sethi (Expert) 29 November 2013
contact a local lawyer . show him all documents . go by his advise
T. Kalaiselvan, Advocate (Expert) 29 November 2013
Properly advised by experts.


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