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sampada (Engg)     15 February 2010

agreement for sale cancel procedure

Hi,

 

I Am seller ,we did agreement for sale with buyer in pune 4 months back.however in agreement mension after 45 days I can take legal action against him if he could not able to pay full money, last 4 months he just poponding sale deal ,please help me out ,what is procedure to cancel agreement for sale what are there pros & cons.

 

Regards,

Sampada 



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 February 2010

Give him a legal notice telling your intention to cancel the sale as he did not pay the full amount within the stipulated time.

1 Like

Suchitra. S (Advocate)     15 February 2010

I agree with Archana ji.

1 Like

sampada (Engg)     15 February 2010

thanks for prompt response, we took help from 1 avocate from pune but he he was telling us ,sending legal notice to buyer for 3 -4 times to buyer mail address that too if diffence of 15 -30 days between 2 notice & then after we can file case against him ,is longer procedure & costly so wait for some time .

 

please help me in addresing pros & cons for sending notice to buyer

 

 

VIJAY K. TEOTIA (ADVOCATE)     20 February 2010

pl send him a legal notice intending for cancellation of agreement of sale on the ground that as per agreement purchaser has failed to to register sale deed as per agreement therefore the validity of agreement for sale will stand cancelled after expiry of the date mentioned in notice. further you may also not be liable to refund the advance amount received by you if there is provision in the agreement. further i feel that there is no need to file any case/suit in court for cancellation of agrement, since you are the seller.
1 Like

B K Raghavendra Rao (Senior Advocate)     22 February 2010

It is not sufficient if you send a legal notice telling your intention to cancel the sale as advised by Smt. Archana.  You will have to actually cancel it saying 'agreement for sale is hereby cancelled'.  You need not issue legal notice three four times.  It is sufficient if you issue legal notice only once citing the clause which has enabled you to cancel the agreement and end it by saying 'therefore, you have cancelled the agreement of sale herewith'.  You may forfeit the penal amount, if any mentioned in the agreement, for violation of the clauses of agreement.

 

Filing a case does not arise.  After issuing legal notice by registered post acknowledgement due to the last known address of the buyer would be sufficient for you to go ahead and sell your property to anyone else.

1 Like

sampada (Engg)     23 February 2010

Thanks alot for your kind support.

please let me know pune  good avocate contact deatils  who will help us out in this regard ,or else if you help us out then give us your contact deatils.

thanks

Sampada TG

9271739391

sampada (Engg)     02 March 2010

 


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