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4WhatIsRight (partner)     01 November 2011

Rescission or cancellation


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.


 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 November 2011

Issue notice cancelling the agreement of sale and retrned the cheuqe with the notice.  Moreover it is an unregd., AOS.

1 Like

SURESH GODBOLE (ADVOCATE)     01 November 2011

Simple problem

Simple answer

Both parties agree

What is the difficulty

Register the Flat   by taking fresh  DD in the Buyers name

Simultaneously tear both the agreement and the cheque

Two things

Either shift furniture before you hand over keys to  Buyer

Or if you trust each other can shift afterwards

Unregistered Agreement is no Agreement in Eyes of Law

It can be a hurdle when you try to sell it to the third party

Or you would have encashed the cheque

No problems

Matter solved with mutual understanding

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