Legal Question in Civil Litigation in India

Cancellation of "Agreement of Sale"
On 25th Feb, 214, I signed an "Agreement of Sale", on Rs 100 Non Judicial Stamp Paper in Hyderabad, with a person for sale of 2 Acre agricultural land for a price of Rs 3.00 lac per acre and Rs 50 thousand was paid to me towards advance and balance payable at the time of registration of sale deed.
The important terms of agreement are a follows.
1. The purchaser shall pay the balance amount of sale consideration within 3 months and complete the registration formalities before 3 months.
2. The vendor /owner shall be free to sell the schedule property to any other persons at any rate and terms and that the cancellation of this Agreement of Sale.
(Note; the above are the exact reproduction as appearing in the agreement)
3.If the vendor fails to execute the sale deed in favour of the purchaser or his nominee on mutually agreed date, the vendor shall be liable for the specific performance as per law,
4.If the Vendor fails to execute the sale deed in favour of the Purchaser or his nominee or nominees, shall pay BACK the advance money.
Now in spite of several reminders and followup the buyer is just postponing to complete the purchase obligation.
Now that I have a buyer to buy the land for 10% more price.
Can I sell the land without any further information to the previously agreed person and and pay back his money whenever he asks? If I inform him now I suspect he may create problems.

Asked on 1/12/15, 5:01 am

Santosh Goswami,Advocate sure shot legal

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Yes, you can sell the land if the purchaser has not kept his promise. There is no problem. At the best, you can intimate him.

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Answered on 1/12/15, 10:38 pm

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