Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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naveen devara   26 April 2020

query for cancelling agreement

Dear Sir,
I'm the seller, I've made agreement with buyer for my house sale. As per agreement,the registration has to be completed by 26april 2020 I.e. 60days from agreement signed date. However as due to COVID lockdown registration was unable to complete. And also as per agreement it was mentioned that balance amount has to be paid which was also not paid by the buyer to seller within 60days. So now can the seller doesn't want to extend due to the home is under loan and want to cancel the agreement as he was unable to continue with home loan emi payment during lockdown. There is no clauses mentioned in agreement. Only mentioned as to be registered within 60days and balance amount to be paid. request for suggestions.


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 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     27 April 2020

Hello Naveen!

Does your agreement have a clause of force majeure. if yes, then it has to looked into before deciding to terminate the agreement by the efflux of time.

Without looking into the agreement, it is difficult to give you any proper advice.

You may share the copy of the agreement for the perusal at: rohit@dalmialaw.com

 

Regards,

Adv. Rohit Dalmia

Dr J C Vashista (Advocate)     27 April 2020

It is better to show the agreement to a local lawyer for appreciation of terms and conditions agreed by the vendor and vendee..

shamataneja (Advocate)     27 April 2020

Lockdown is for temporary period. Once token amt has been given to you by buyer. Buyer under the obligation to pay you the bal amt after the lockdown is over. Parties to can mutually agree.

SHIRISH PAWAR, 7738990900 (Advocate)     27 April 2020

Dear querist,

If the purchaser is intending to cancel the agreement he has to approach civil court and file suit. Notice will be issued to you from court and you will be get chance to file your say.

Regards,

 


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