Legal Question in Civil Litigation in India

Sir

Normally in Agreement of Sale for immovable property, time is not of the essence. However, suit for specific performance of the Agreement has to be filed within the period of 3 years, from the date, when such performance is refused by the other party.

For cancellation of Agreement, there is no need to file suit, you can simply serve a legal notice through a lawyer, cancelling the Agreement to Sale.

Agreement to sale is merely a contract between the parties, and either of the party to the agreement has authority to rescind such contract without the necessary to file a suit.

Cancellation of an Agreement and Cancellation of a Deed both are distinct thing. Agreement can be unilaterally cancelled, where as a Deed cannot be.

Regards

Vivek N Mapara

www.vnmlaws.com