jyoti (lecturer) 28 October 2009

sales agreement with franking

i made a sales agreement for purchasing a plot costing around Rs20,00,000. i paid 10,00,000 through cheques as an advance & in the agreement it is mentioned that i have to pay remainig amount within 2 months period. the agreement is franked at the subregister office for Rs5000.

now i didnot get loan for that site as the site documents are not clear. on that day only i informed vendor i want to cancel my agreement. already 15 days over he has not paid my advance amount only 13 days are left for agreement expiry what i should do.(agreement is done for only 2 months).

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12 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 October 2009

Is there any clause which privides a legal right iin your favour to rescind the agreement at your will? if not then you shall have to adopt other course like filing a criminal case against the vendor for fraud stating therein that the same was agreed to be sold on the basis of its clearance of all type but when came to know the actual position the documents have been found unclear. Under the garb of criminal case, you can gget back your earnest money from the vendor.

1 Like

jyoti (lecturer) 29 October 2009

sir,

can i file a case after agreement expiry.

chandranath bhagat (xx) 29 October 2009

It is better to file the case before agreement expired.

sanjay (Designer) 30 October 2009

Dear Sir,

My Father have a house in my native place at Uttar Pradesh. My uncle's house is also near my house. Now for a long years, we are living in Ahmedabad and that time my house is locked. But Now my Uncle's son file case against my house that this house is her. And My problem is that ke I have not any documents proof to prove that ke these house is me.

So, Please give me your very needful help.

Thanks,

Waiting for your Reply....
Sanjay Chauhan

chandranath bhagat (xx) 31 October 2009

Firstly you check the filed suit how he climed for the house. Go to right of record office and check the record for checking fees ia nominal. Collect certified copy of the sale deed from registry office , house no detail from House no alloted by municipal corp.

chandranath bhagat (xx) 31 October 2009

After that file a case of cheat against him

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 01 November 2009

jyoti, you 1st give notice for cancellation with reason and within 7 days do not refund amount , then firl case simultaneously to file application for refund of stamp duty paid.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 01 November 2009

sanjay , please read on what basis they are claimimg house. appoint advocate , he will guide , how to obtain documents.

till then to take time for filling reply.

who is in possession of house?

pl. go and take physcical possession. it is important

sanjay (Designer) 03 November 2009

Dear Sir,

Thanks a lot for your helpful reply.....

Sir, you ask about the property documents, but my father have not any document of my house because for a long time, My Grandfather and his 2 brother decided to partition.

And verbally they divided their Lands and build their home separately... for that now there is not any types of document in our hand.

So, sir, Now we create our perperty document & what is the procedure for create documents.

Pls. give me your helpful advice.

Thanks,

Reply soon...

Regards,

Sanjay Chauhan

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 03 November 2009

TO MAKE PARTIITON DOCUMENT SIGNED BY ALL. IF ANYONE IS NOT SIGINING , THEN TO FILE A SUIT FOR PARTITION.

jyoti (lecturer) 03 November 2009

Can i wait for some more days. and can i send a notice after agreement expiry.

Paul Davidson (Sales) 31 January 2015

Just in case anyone needs to fill out a standard sales agreement form for real estate, I found a blank form in this link https://goo.gl/2MrkXX. This site PDFfiller also has several related forms that you might find useful.