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manohar (architect)     08 October 2014

Cancelling agreement of sale for plot

This is to submit that I have entered in to agreement for the sale(unregistered) on a Rs.100/- stamp paper for the purchasing of open plot from person X.The total consideration of the plot was fixed at Rs.40,30,000/-. and I have paid the payment of Rs. 6,00,000/- by account payee cheque.The remaining  supposed to be cash payment/cheque transaction which is to paid on registration time.

 

now ,I came to know from other people that I am paying almost 10 laks extra for the plot.actually in the market the cost of plot is 30 laks but i am paying 30 laks.So now please help me can i cancel the agreement and Plot owner can refund my amount 6 laks



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 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 October 2014

It will depend on the terms of agreement to sell. Adv kapil chandna, 9899011450

Thangavel Manickadevar (Excutive Director and Legal Advisor)     13 October 2014

Normally, sale agreement, if the buyer cancel agreement, 10% of the sale agreement amount will be debited by the seller. so, you can go through the sale agreement to get legal details. or if you mail the sale agreement to me, i can give the solution . my mail id : covaimthangavel@gmail.com

T. Kalaiselvan, Advocate (Advocate)     14 October 2014

The sale agreement is unregistered hence t losses its validity once a case is filed before court.  The said sale agreement if contains the acknowledgment of the receipt of advance amount, it can be taken as receipt for the amount received.  If you do not want to continue with the proposed sale, you may cancel the agreement and ask for refund of advance paid amount, failing to invoke any response you may approach the civil court for  recovery, take the help of a local lawyer for further issues.

1 Like

Adv Akhtar Ali Sheikh (Property Law Consultant)     14 October 2014

It all will depend on terms and conditions in the Agreement for sale.

In the absence of any reference on such a scenario  you cannot do any thing. I think even going to court also may not help you because you have agreed for the price mentioned in the agreement and the price being more or less for a property is no criterion for cancellation of an agreement unless you can prove some kind of misrepresentation or fraud. Supposing the price had been more would you have allowed the seller to rescind the agreement?

So settle with him or you may have to forego the amount paid.

T. Kalaiselvan, Advocate (Advocate)     15 October 2014

An unregistered sale agreement cannot be enforced through court as per the latest supreme court judgment.

Thangavel Manickadevar (Excutive Director and Legal Advisor)     16 October 2014

Respected Mr.Kalaiselvan Sir,

Can you give the link of that Judgement Copy ?

 

Adv k . mahesh (advocate)     16 October 2014

first you have to obtain the official market value certificate from the concerned sub registrar office by paying the required fees 

with that you would have clear picture what step you have to take because if the government market value is also less the discuss with the builder saying some other reason as you cannot arrange the required money or you need the money for other reasons and settle the matter amicably and take the money back from him 

and if you go through legal system it may take time and also the stamp paper is not valid in the long run as it is not a registered document and also it cannot be used even as acknowledgement 


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