Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dhananjay (Engineer)     13 August 2010

Break stamp paper Agreement


My Dear experts,

Please advice me at the earliest. I appreciate your suggestion.

I have undergone an agreement to sell my land around 30 cents 1.5 month's back. I am not interested in the deal now due to personal problems.The registration is not done.The land is currently under my possession. So I have to break the initial stamp paper agreement( -expires august 31,2010) I made with the buyer even if the buyer doesn't agree with this.I will pay the money that I received. In the agreement , It says- "...Both parties have agreed and the buyer has the right to do the registration..." So my query is that, How can I cancel this agreement without any trouble in future? What actions should I take right now?

The reason is that when i did the plotting, i came to know there is 15cents more in addition to the 30cents. So when I asked the party, they are not interested in paying more for the extra 15cents. If they take 30cents, the 15 cents(this extra without any records) will be closed, no road for that. So the party is just trying to get it for free.So I am not interested to sell this land and want to break it.

Actually the land is obtained through "Declarartion Act (LRY)" by my father. We are 3 children to my father. We and mother have not signed the agreement doc. Father has given us power of attorney 10 years back. So my question is, Can we children backout legally and cancel the agreement with / without father's agreement to this?

Thank you,
Dhanu



Learning

 7 Replies

sanjeev narula (advocate)     13 August 2010

you query is incomplete without mentioing the conents of the covenant entered into by you and the Buyer  

what are the terms of the  agreement entered by you

check the termination clause  in the agreement 

what in case of default by either parties to perform their part of performance ? 

are  there any liquidated Damages agreed  in case of breach ? 

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     13 August 2010

when there is an agreement of sale it is your bounded duty to perform your part of contract, but when he is not ready to purchase the exta land then you issue a legal  notice to him to purchase  the extra land otherwise you agreement of sale is stands cancell.

2 Like

Dhananjay (Engineer)     13 August 2010

Thank you Sanjeev.

Other text says about the amount of money agreed for the land of 30cents and the plotting has to be done by the seller etc.Actally, The agreement has only this clause ""...Both parties have agreed and the buyer has the right to do the registration..." in case of breach. Nothing else is mentioned like the  termination clause  in the agreement. To me it looks like one-sided agreement in the buyer's favor.

1 Like

sanjeev narula (advocate)     13 August 2010

There is no penality clause for the breach of contract .so if seller does not perform his part of contract only remedy avaiable to the buyer is to claim  specific performance of contract or equitable damages which is also not defined as per your massage anywhere in any  clause  , calculation of the damages is always a disputeable issue in absence of any agreement

or  the way  plotting of 30 cents only  to be done by seller is unacceptable to the buyer

2 Like

Dhananjay (Engineer)     13 August 2010

Thank you Sanjeev for  replying me. I appreciate it.

Possibly, I will upload the copy of the document here soon so that you guys can check it and suggest me .

 

Thanks a lot.

Dhanu

1 Like

Anil Kr Garg (Business)     14 August 2010

If your agreement only says 30 cents plot without defining its four boundries, may be, you can consider plotting 30 cents such that you are still left with 15 cents land with proper access which you can use for yourself or sell later. This way, you will be able to perform your contract and still, not lose your extra 15 cents land.

Besides, it seems obvious that you cannot cancel the contract with consent of the buyer as he is aware of your 15 cents land coming free to him. You can expect him to move court for specific performance if no termination clause is defined. You will have tough time justifying your cancellation in the court. Thus, plotting 30 cents land for transfer to him, still leaving a useable 15 cents for you should solve the problem. 

This way, there is also a chance of buyer consenting to cancellation if there is no appreciation in value since your agreement. Once he knows he is not getting 15 cents bonus, and if there is no appreciation in land value, he should agree to cancellation with some interest on his downpayment.

1 Like

Dhananjay (Engineer)     17 August 2010

Hi Anil,

Thank you for your words. My main aim is to cancel it at any cost. The agreement is in kannada and you guys cant follow it. So I didn't upload it here for your reference. As I said before, There is no termination clause in case either of the parties back track form the agreement.Doesn't it violate the rule of law how an agreement should be? Doesn't it imply forceful agreement form one side?

In the terms and conditions section, it mentions:

1.Plotting of the land must be done by party2(My father)

2.Both the parties have agreed to the terms and conditions and party1(buyer)  has the right to get the registartion of the land done by approaching  the court.

Now, my only worry is how to tackle the 2nd condition here.It clearly shows onesided agreement. This is the only land that we have and is of great value in the road side. I am desperate to save the land. I have attached the sketch here.

Thank you,

Dhanu


Attached File : 40 40 sketch.zip downloaded: 273 times

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