Kamalakkannan (Civil Engineer) 29 March 2020

Validity of registered sale agreement

Dear sir, I want to know the validity of registered sale agreement now, made on year 2005 ?. It is 15 years from the date of Registration of sale agreement. No time limit given in agreement. What is the procedure to cancel the sale agreement ?

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 29 March 2020

Dear querist,

You can challenge the sale deed within 3 years from the date of execution of sale deed. The period can be extended based on your case. Please contact local advocate and show the documents.

Regards,

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Real Soul.... (LEGAL) 29 March 2020

Just need to issue Notice to other party for cancellation of Agreement, and then execute a cancellation of Agreement deed

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 March 2020

1. An "Agreement of Sale", can be challenged /rescinded /revoked, for failure to comply with the terms & conditions, as may be recorded in such Deed. IF "Agreement of Sale" was not registered, THEN such deed becomes legally null & void and is not required to be challenged /rescinded /revoked.

2. An "Sale Deed" can be rescinded /revoked, ONLY by mutual consent signatures of Buyer and Seller parties. IF "Sale Deed" was not registered, THEN such deed becomes legally null & void and is not required to be rescinded /revoked.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Shashi Dhara 29 March 2020

You have to issue legal notice to execute sale within prescribed time if not it will be cancelled u cannot cancel it ex -parte .he may file suit for specific performance of contract .now it is double edged sword.try to settle amicably

Shashi Dhara 29 March 2020

If he files suit the court may order to pay present value of suit land and to register it.so winning chances is 50:50

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Akshay (Advocate) 29 March 2020

Thank you for your question

The validity of Sale Agreement the terms of period entered into it, As you have said there is no time mention , just serve a legal notice for cancellation of sale agreement and also do paper publication.

Hope this will help you

Best regards,

Akshay Gupta

Akshay (Advocate) 29 March 2020

Thank you for your question

Hope this will help you

Best regards,

Akshay Gupta

kavksatyanarayana (subregistrar/supdt.(retired)) 29 March 2020

You have mentioned in your query that there is no time limit in the Sale Agreement executed in the year 2005. They why kept silent to date? Nowadays both the parties (vendor and vendee of the Sale agreement) shall execute the cancellation of agreement of sale. so you may issue a legal notice to the person concern through a public notice through newspaper by consulting a local advocate.