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Raj (accounts)     19 June 2013

Buyer wants to cancel agreement of sale

Hi All,

I am a buyer and i had an agreement with real estate firm to buy a plot. Buyer told that half of the plot dont have layout plan approved and will get it within 1 month. Agreement was for 45Days.

I paid 4L as advance.

Now 45 days expired and 5months passed.

I want to cancel agreement and take back my money. Does my case hold legally ?

What should I do ?

THanks

Raj



Learning

 6 Replies

Neha Chowdhary (Law Officer )     19 June 2013

what sort of agreement u entered into???? is it registered?

Raj (accounts)     19 June 2013

The agreement was done on 100Rs stamp paper, but not registered.

Neha Chowdhary (Law Officer )     20 June 2013

yes offcourse ur agreement is legally enforceable.....u can ask the seller to terminate agreement as he failed to perform his part of obligations.....

if he refuses to do so....move to court for specific performance of contract and file civil suit...

regards,

Neha

Raj (accounts)     20 June 2013

Thanks you very much for ur reply.

Can you refer to any sections/acts/ammendments provided in our law for such cases.

Regards

Chandra

 

Neha Chowdhary (Law Officer )     20 June 2013

u can refer Specific Reliefs Act,Transfer of Property, Contract Act and Civil Procedure Code..

Raj (accounts)     20 June 2013

One more doubt :  Agreement expired 4 months back and now if the owner is ready to register, Am I bound to go ahead with registration. Or since the agreement is expired I can claim my money back even if he is ready now.

 

Thanks once again

Raj


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