Hello Sir/s, If I have below clause in my original property sale agreement ; do I still need to do a 'Registered
Cancellation Deed' in case the buyer is unable to pay the full and final amount in the stipulated amount of
time? I ask because what if the buyer refuses to show up for the registration of the cancellation deed? I
would like to be free of hassles of forcing the buyer to come forward for cancellation and thus I would want
to be free to sell my property to other third party legally right from the date of my return of any advance
money back to the buyer.
Clause: The time is the essence of this sales agreement. The Transferees/Purchasers do hereby agree &
undertake to pay to The Transferor/Seller the sum of Rs.xxxxxx) towards the balance amount of
consideration by obtaining loan from any financial institution within 30 days from the date of registration of
this agreement (subject to submission of all the documents by The Transferor/ Seller demanded by the
financial institution of The Transferees/Purchasers) by way of RTGS/Demand Draft, thereafter The
Transferees/ Purchasers have to pay 18% per annum interest on the said balance amount to The Transferor/
Seller for 30 days/ 1 month till the final rupee is paid. Thus after the 60th day from the date of registration of
this agreement if the full and final payment is not received and realized by the seller from the the buyer; this
agreement SHALL stand cancelled and null and void AUTOMATICALLY without needing any special
cancellation deed or registration thereof. Thereafter the transferor/seller shall return the advance money if
any realized earlier from the transferee/buyer; by way of NEFT/RTGS/Cheque/Demand Draft in favour of
the purchaser. This return of money will be a simple capital sum and completely without any interest
whatsoever. In case the purchaser refuses to accept the cheque or demand draft the money shall be
transferred by RTGS/NEFT via net banking. Thereafter, notwithstanding any argument of defence from the
Transferee/Buyer, the transferor/seller SHALL be at full liberty to sell the said flat/property to any other
third party at any rate and terms as deemed suitable by the transferor/seller.
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