cancellation of property sale agreement


I have a very urgent query.
one of my friend decided to sell his property (Constructed House) worth for 1,56,95,000 Rupees.
The dealer agreed on the deal(amount) when the conversation
happend and advanced 10lakhs to seller.Now when the agreement is done the dealer has mismatched the amount and mentioned only 56,95,000 Rupees and registered .
Now the seller is not willing to sell the property to this amount because wrong agreement is registered,dealer says registration can not be cancelled.
now what is the solution.
can the registration of property be cancelled by seller and not agree to the dealer/buyer to sell the property.
what is the consequences the seller/owner of property should face in get back the property/can the registration be cancelled .
Request to give the suggestion
 
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Advocate

go to civil cout.remedy is available with you.

 
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Sir thank you for quick response. can't the issue be solved without court or lawyers. I read in the agreement that if in breech by the panetly registration can be cancelled
 
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please suggest
 
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Parties can go for rectification deed and change the amount and pay the stamp duty on the differential amount. ASk your friend to check with sub-registrar office for the same so as to correct the typing error or need to cancel the registration through civil court order.

 

Regards

Adv. Rohit M. Dalmia

9324538481

 
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Dear Rohit thanks for response.
the dealer is not agreeing for the actually agreed amount.
can't we cancel with mutual understanding with seller and buyer and cancel the registration in registers Office.
I feel and know going through court is long process to the seller.
please suggest
 
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p

First you avoided Adv from your side , 2. Now you are avoiding professionals consultancy 3. Problem is dealers , agent , etc are like unqualified pharmacy in chemist shop who give medicine as if Dr and patient is again making mistake of not taking dr help

There are various ways to either put the matter straight or to cancel the deal and various points will surface

1. if proper stamp duty as per govt value not paid on documents , registration where it is done , there can be many defects

2. Question is of 1 Cr + please take personal professional advice from well trained adv

3. Since I am insisting you personally take Adv advise show documents ,pay fees properly such advice myself giving to maintain honesty on my statement I won't give you advice nor recommend any one but please take professional advice from Adv showing documents etc and don't go for free where even documents
 
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p

where documents are not even seen
 
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You no need to go for civil court, immediately you give notice stating that the amount mentioned in the agreement is less than the agreed amount. So you are cancelling the agreement for cheating you. The purchaser will go for court if he is not willing to give rectification. You no need to worry as it is a agreement of sale no title will be passed as per recent apex court judgment. Unless and until you give sale deed to the property the title will not vest on the purchaser. Its my opinion you give notice intimating that you are cancelling the agreement agreed between you and the purchaser.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 
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Thanks for response Through whine the notice to be sent
 
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