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Subhash (-)     21 January 2011

Cancellation of Agreement of Sale - Legal Advice needed

Dear Sir,

I would like to know the procedures for cancelling the registration for agreement of sale of my flat and would need legal assistance.

The problem here is that the person with whom i had entered into an agreement is not willing to cancel the registration.

To add to the problem, there is no validity dates mentioned in the agreement.

The flat is located at Vasai, Thane district and the original papers are with my financial institution as i have mortgaged the property for loan.

Please advise and let me know if any additional information required.

Thanks,

Subhash



Learning

 8 Replies

Manish Singh (Advocate)     21 January 2011

You can register the cancellation deed after producing, to the satisfaction of the registrar, with all the evidence showing that the registration of sale deed is prejudiced to your rights. the registrar can register the cancellation deed.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     21 January 2011

To cancel the AOS issue legal notice to the person with whom you have made AOS by giving the reason for cancellation of AOS.  And publish the same in the local news paper.

1 Like

niranjan (civil practice)     22 January 2011

It is bilateral contract and you cannot cancel it unilaterally therefore I agree with Mr. Rajeevji.

niranjan (civil practice)     22 January 2011

I meant that you cannot register cancellation unilaterally.

1 Like

Subhash (-)     24 January 2011

Dear Sirs,

What would be the further actions to be followed for completing the procedure?

Thanks,

Subhash

Rhonda Luna (HR)     24 January 2011

I  agree with Rajeev ji.

Manish Singh (Advocate)     24 January 2011

Dear All,

There is a Supreme Court judgment which says that registration of a cancellation agreement may lie within the jurisdiction of Registration ifd the owner is able to satisfy him that non cancellation shall be prejudiced to the rights of the owner.

Shashank (student)     21 November 2013

Dear Manish Singh,

Can you kindly provide me with the case law and citation of the case?

Thank you.
 


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