Joint property.

abdul wahab nayman (Querist) 28 November 2012 This query is : Resolved
sir we have a joint property which we all had agreed to sell,we all had entered into an agreement with a purchaser and had taken advance from him.this is 2 years back,now some of us dont want to sell the property,and want to return the advance money,the purchaser is not ageeing to this and has sent a lawyer notice.what should we do in the court to save our property.kindly advice.thank you.

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Raj Kumar Makkad (Expert) 28 November 2012
When you have agreed to sale by way of an agreement to sale so you can save your property only way of following the terms and conditions mentioned in that agreement like payment of double money to purchaser etc.

abdul wahab nayman (Querist) 28 November 2012
we offred them 50% extra for the advance we had taken.no specfic conditions have been put in the agreement.

Raj Kumar Makkad (Expert) 28 November 2012
Whether the term of getting the registered sale-deed by way of court in case of refusal of sellers to get execution of sale-deed is inserted in that agreement or not?

abdul wahab nayman (Querist) 28 November 2012
the sale9(agreement) deed is not regestered,but what you have said is there in the agreement.

Devajyoti Barman (Expert) 29 November 2012
You have to file a suit for cancelling the agreement but before that you have offer the earnest money back to the purchaser.

V R SHROFF (Expert) 29 November 2012
U have to reply the lawyer's notice thru ur Adv. declaring Agreement is cancelled [ I assume, it is not a Regd Agr ]
Refunf his earnest money, show, he delayed for 2 yrs.

Raj Kumar Makkad (Expert) 30 November 2012
There is no scope to cancel suo-motto agreement on your side. If such things are allowed by law, it shall open flood of such matters and then the situation of lawlessness cannot be avoided.

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