Cancellation of registered sale agreement

Dear Tasneem,

Let me know one thing you said that you have already registered the document. Can I know what is the document Type, is that Sale Agreement or Sale Deed.

The Buyer has already failed to pay the remaining payment in time, So you all the rights to take any kind of action against him. Ask him one more time whether is he coming for cancel the deed with respective Registrar, if the buyer is not ready to do the Cancellation with Penalty charges - then you can defntly have a right to go through legally against him. I suggest you to approach an advocate and go through legally. But ensure that whatever is got registered already, that should be cancelled at any cost. Other wise you will have to loose property.

Dear Mr. Kumar,

Thankyou for your prompt reply.

We have registered a Sale deed and the purchaser has paid stamp duty & registeration fee.

Since the purchaser is still buying time in coming to the registrar to cancel the deed and since legal course can take a very long time can I go ahead and sell the flat in the mean time and get it registered with new purchasers and let the previous cancellation take its own time?

I am in need of money and want to sell property fast but the previous purchaser is wasting time and any legal course will also mean more time.

Thanks in Advance,

Tasneem.

Tasneem,

You can't sell the property until unless the previous sale deed get cancelled. I better suggest you to give a legal notice through an advocate to the buyer. If you sell the property without cancelling the earlier one, you will have face problems from the new buyers and also from the old one. 

Mean while you can do one thing, you can collect an NOC from the old buyer stating that he doesn't have any objection to sell the property due to he has not paid the amount in time, and pls take  with his and his family members signatures on that NOC.   Pls be ensure that it should be on Rs. 100/- judicial stamp paper and with notary. You can tell the new buyer all this story and show them the NOC. Later on whenever you and the old buyer get time, then go for cancellation. It's a temporaty solution as you said that, you are in need of money. This is not a permenant solution (even though it is not acceptable as per law, that is purely on understanding between buyer's and you)

Finally I suggest you not to take any risk, you better approach an advocate give a legal notice to the buyer.

Thank You....

Dear Mr. Kumar,

Thankyou once again for your valueable feedback.

I understand that by all means I have to get this sale deed cancelled in front of registrar even if it takes time.

Only one clarification I need is that if new buyers agree and we do Sale deed registeration with New buyers before cancellation with previous buyers and do cancellation on later date will the new registeration be counted as NULL and VOID in the eyes of Law?

Thanks in Advance,

Tasneem.

As per my knowledge, if you do the registration with the new buyers - that will apsolutly invalid document as per law. And this transaction is called as " Double Registration ", this may effect you in future from eyes of law.

Try to take time from the old buyer and do the cancellation or else please initiate a civil case on the old buyer and proceed with the law.

That's it.,.,.,

Thankyou Mr. Kumar.  Is there any time frame given in a civil suit?

you better give a notice to the old buyer immediatly through an advocate ....

Thankyou Mr. Kumar.