X has entered into an unregistered agreement for sale of a flat with furniture on aRs. 50 stamp paper on 30th of October,2011 with time to execute sale deed by 30.11.2011.His family does not want to part with the furniture becoz of its emotional value.X has not encashed the advance money cheque received. The buyer is also willing to buy the flat without furniture, at a lesser price.
will the returning of the unencashed cheque and marking of the agreement as cancelled be enough, prior to making new agreement for sale with new condition.
will it amount to mutual rescission?
or How that agreement can be rendered void or cancelled to avoid future litigation.
