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srinivas (project manager)     08 May 2010

Cancellation of Sale Agreement

Hello,

I have entered into a sale agreement of an agricultural land owned by me ( i am the seller  and the property is in andhra pradesh ). The agreement was done on a Rs. 100/- stamp paper. I was paid one fourth amount of the total sale value as advance by cheque. It was agreed that the purchaser shall pay the remaining amount within 80 days of the agreement and get the land registered on his name. If the purchaser failed to pay the remaining amount in the next 80 days then he will have a pay an interest of 15% for a period over and above 80 days till the date of registration. Its been two years since the agreement has happened but the purchaser has still not got the land registered nor has paid any of the remaining amount sighting the reason that the property value has come down after the agreement. There is no mention of any cancellation of the deal  nor any forfeiture of advance received by me in the agreement.

The purchaser is ready to cancel the agreement if full advance is refunded to him. I do not want to pay the advance amount back to him as the advance paid by him has now become equal to the interest that he needs to pay me if he completes the purchase. 

 

I would like to know the following

1) If there a validity period for such kind of agreement

2) What happens to the advance paid after the validity period.

3) Does the validity period of such kind of agreement depend on the mode of advance payment ie  by cheque / cash.

4) What can i do to get something out of the deal.



Learning

 3 Replies

D.V.RamaKrishna (Advocate)     08 May 2010

Srinivas,

1) Normally, unless there is any clause in the agreement about the period within which the agreement is to be affected, time is not essence of any such contract.

2) Fate of the advance amount, after the validity period, would depend on the terms of the agreement of sale.

3) The answer to the third question is no.

4) For a more beneficial action that you can take against the purchaser, Answers to your questions can be given only after going through the terms of agreement of sale you have entered with the purchaser.

D.V.RamaKrishna Sarma,

Advocate, Hyderabad. (9963099555)

pravinsp (advocate supreme court)     16 May 2010

you have to immediately sent him a legal notice that you are ready to perform your part and as teh purchaser fails to perform is part you can file the case for specific perforance againt teh purchaser, and further until now the agreement has not been cancelled by either of you you can claim the interest for entire period of two years but you shall have to give reason why you waited for such a long time to act., and  your agreement is valid but it is better you sent him the legal notice as soon as possible. Please Note: Before acting on this legal advice please contact your advocate/s and take his legal opinion.

pravinsp (advocate supreme court)     16 May 2010

it is specific performance .


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