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krish (-)     04 October 2010

Cancellation of Registered Agreement

Hi I have registered an agreement for purchase of land , a registered agreement was made at the registrar office , title of the land has defects , few documents indicates as poromboke , seller a POA has fraudently fabricated certain documents like patta , i wish to cancel the agreement and recover the money paid to the seller , pl advice the course of action to recover the money & pursue legal action like police complaint etc



Learning

 4 Replies

M. A. Khan (advocate)     04 October 2010

If vendor mutually agrees to cancel the agreement, than register a deed for cancellation and take ur money.  If vendor is not agreeing than you need to file a suit for cancellation of agreement and recovery of money.  Febrication of any documents comes under fraud as mentioned in Indian Contract act.  So you will have good ground for cancellation.

Kirti Kar Tripathi (lawyer)     04 October 2010

I agree with Mr. Khan,

C Nadarajan (Advocate)     05 October 2010

Before filig a suit  you have to issue a notice to the vendor explaiing the mischief played by him and to come forward tocancel the sale agreement, as it is a byparte one and there is no use in filing a police complaint at this stage as you come to know about the mischief of your vendore before exeuting the sale deed. If the vendor after receiving your notice delaying or dodging the matter you can approach the police to pressurise him to come to Registrar Office for signing the cancellation deed.

C Nadarajan

Bharatkumar (ADVOCATE )     05 October 2010

If both party agrees to cancel the agreement, than register a deed for cancellation and take ur money. Otherwise U give a notice to the vendor for not clear title of property as per condition mention in agreement so u cancle the agreement and then vendor not cancle the agreement u file a suit against vendor and recover the money. And any fraud with u by vendor u complain in Police Station for this with evidence.


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