For agreement to sale (banakhat)
Shweta
(Querist) 03 September 2020
This query is : Resolved
Do we required to cancel the earlier notarised agreement to sale in case of further sale already made and further agreement to sale has also been prepared and also the sale deed made
Is that require to cancel
Isaac Gabriel
(Expert) 04 September 2020
Inasmuch a fresh sale seed has been made, nothing to worry aboput the agreement already made.
P. Venu
(Expert) 04 September 2020
The facts, as posted, lacks clarity.
Shweta
(Querist) 04 September 2020
For an example. I purchased a flat in 2001 and made agreement to sale which is notarised at that time then actually sale deed made the flat is mortgaged and loan has been repaid then in the year 2020 I sold the same flat to mr.x new agreement to sale and sale deed made on the same now my concern is that whether the earlier agreement to sale need to cancelled or it will override with the effect of new agreement to sale
Shilesh Patel
(Expert) 04 September 2020
if an agreement to sale and the actual person with whom the sale deed is made both are the same then no need to perform extra activity to cancel the agreement to sale.
SHIRISH PAWAR, 7738990900
(Expert) 04 September 2020
Hello,
No need to cancel the notarised agreement as you subsequently executed the sale deed and register it.
Rajendra K Goyal
(Expert) 04 September 2020
If notarized sale agreement with the same person to whom property was sold later, no need of cancellation.
If with other person, although a considerable time has passed, it is better to cancel, specially if the token money received on that agreement has not been returned to purchaser’s satisfaction.
P. Venu
(Expert) 04 September 2020
Why "For example"? The query, admittedly is purely hypothetical.
Dr J C Vashista
(Expert) 04 September 2020
Validity of agreement expired after completion of its terms and conditions.
Dr J C Vashista
(Expert) 04 September 2020
During mortgage period there is encumbrance on the property and it can not be sold / purchased without permission of financier / repayment or transfer of loan amount.
Dr J C Vashista
(Expert) 04 September 2020
Subsequent sale of the property should have another (fresh) agreement with vendee.
kavksatyanarayana
(Expert) 04 September 2020
As per your query, you have cleared the mortgaged loan. And the terms and conditions of the previous (old) agreement completed. so no need to cancel it.
Rajendra K Goyal
(Expert) 05 September 2020
The author has not clarified that the sale was effected to person with whom first notarized agreement was entered. Full particulars / facts required.
