notice
saumit joshi
(Querist) 11 November 2009
This query is : Resolved
please give me the Draft of notice regarding cancellation of Registered agreement to sale for the reason of consideration amount cheque bounced.
Sachin Bhatia
(Expert) 11 November 2009
Better to give some more details for cancellation.
Raj Kumar Makkad
(Expert) 11 November 2009
It is very easy to draft.
Sh. .............
S/o........
R/o.........
Sub: cancellation of Registered Agreement for sake dated............ qua ......(detail of property).
Sir,
You are well aware that the aforesaid agreement was executed between you and me on dated........ in the presence of Sh. ....& Sh. ........(witnesses) and you being buyer had issued me a cheque no. .........dated.......amounting to Rs. .........payable on...........(name of bank & its branch)as an earnest money out of total sale consideration of Rs. .........
It is unfortunate to bring in your notice that the aforesaid cheque was bounced as intimated by my bank on dated.........as per information received from your bank thus you have not only cheated me but have also violated law of land in various ways.
In the given circumstances I have no option but to cancel the aforesaid registered agreement for sale with immediate effect.
It is therefore, brought to you notice that the aforesaid notice be treated as cancelled with immediate effect and there remains no any agreement to sale of the aforesaid property between you and me.
yours faithfully
ABC
copies to
Both the witnesses
KANDE VENKATESH GUPTA
(Expert) 12 November 2009
Unless and until registered agreement for sale is not cancelled/rescinded by due process of law, the vendor will be having subsisting rights. You cannot cancel the registered agreement for sale unilaterally. You have to file a suit before the court praying a decree to rescind the agreement for sale for the reason of failure of the vendee in honouring his commitment i.e., not honouring the cheque on presentation.
