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Rasool (IT)     18 March 2010

sale agreemnet cancellation process

Hi ALl,

I wanted to buy a property and i have entered an agreement with a house seller and now i would like to cancel the agreement since i am unable to pay the remaining amount and also since the land is an revenue site.

But the owner is not agreeing for cancellation.so i would like to know is there any way if i can get my money back paid as advance.

i have not registered the agreement but its done on 100rs stamp paper.also there is no clause mentioned in the agreement saying if its been cancelled the owner should refund the money.

I also learnt that this property cant be registered as confirmed by sub registrar.This requires khata extract from the city municipal corp.since this is a revenue site there is no khata for this.But the owner agrees to produce all require documnets for registration but creating a KHATA extract for a revenue land is not possible as said in municipal corporation.I am sure that the property owner is bringing fake documnets by bribing some officers.

so in this case if i file a case against him stating that all real documnets are not present so i would like to cancel the agreemnet.is there any possiblity of me getting back 4 LAKHS paid as advance .

I tried to negotitate but he is not agreeing to give back the money please suggest how to proceed

 

Thanks for your time.

 

Now can i file the case or send a notice to the seller based on this ground.

And whats the possiblity that i will get back advance my money?

Please do reply

 

Thanks in advance.



Learning

 2 Replies

Ravinder Singh Tanwar (lAdvocate)     18 March 2010

You serve a notice to the seller to the effect that the registered sale-deed is going to be executed on such and such date so send me the chain of the title and all required documents for knowing their authencticity and if he sends those documents then you obtain the opinion of registrar and refuse to get registered sale-deed and demand your advance money back as no sale-deed can be executed in city area.

bhagwat patil (Property due diligence 9422773303)     30 March 2010

u follow adv. ravinder singh"s advice step by step


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