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marutitathe (Proj Manager)     15 November 2010

Seller Cancelling Sale Agreement

Following is my case, somebody please help...

1) 12/07/2010 we discussed with the seller party for purchase of a flat at Thane (E);  on 13/07/2010 we paid earnest amount (with some cash factor)

2) On 06/08/2010 we registered the agreement and also paid the stamp dutry charges (Rs. 105000/-) (Registration charges Rs. 25000/-)

3) We booked this flat on my wife's name. Due to some reason her loan got delayed.

4) During this period after 45 days of agreement registration; Mr. X (son of seller) gave me a written notice for possible charges on agreement value due to delay. (BUT THAT TIME HE TOLD ME AS GENTLEMAN THAT HE IS GIVING THIS NOTICE TO HELP ME TO PRESSURISE THE BANK)

5) After 60 days of the agreement registration; X family sent us notice of agreement cancellation.

6) I tried to contact him and convinced him that he can charge me whatever charges are agreed but dont cancel.

7) Even I was in touch of Mr. X for making payment without bank loan. I told him 2-3 times before notice was issued that I can arrange money thourgh family & friend sources and make the payment if he needs. But everytime he was OK and ready to wait for loan.

8) Suddenly after 60 days completion he sent us notice of cancellation. In agreement it is mentioned that after 60 days of registration of the agreement the seller will have right to cancel the agreement. (But here the seller has misguided us; otherwise we would have made him complete payment before due date)

9) His original documents are with me; stampduty and registration is already paid; society documents are transfer fees is also paid. Only Sale Deed has not happened.


Now I am in the position of being nowhere... somebody please advice me whether I can fight him in the court or I should set back...


 4 Replies

bhagwat patil (Property due diligence 9422773303)     15 November 2010

R u still in position in buying the flat, than go for specific performance suit, by vertue of which enter ur name in ROR

1 Like

marutitathe (Proj Manager)     15 November 2010

Yes I already have sent him a reply to his cancellation draft with DD of balance payment. May I know what is ROR???

bhagwat patil (Property due diligence 9422773303)     15 November 2010

ROR is Record of Rights
1 Like

marutitathe (Proj Manager)     15 November 2010

Thanks a ton...

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