Legal Question in Real Estate Law in India

Cancellation of Sell agrement

Dear Sir,

I am living in Toronto, Canada. My parents lives in ahmedabad, Gujarat.

My parents made a deal with one guy to sell their house and come to canada. They have made a deal with notry certification and took 50K as a advance. Closing date to give the puzation of house is 30th april 2007.

They got the advance on 20th Nov 2006.

My parents got the visa to come to canada and it is very hard for them to find another appartment. We do not want to sell our house now. How do we cancle the sell agrement ?

What is the law to cancle the sell agrement ?

The person who wants to buy the house is not ready to cancle the agrement. He told us that he can go to court and even made it difficult for my parents to come to Canada, if we will not sell him our house....

We are ready to give him all the money back with interest or anything extra.

Please help.

Thank for for all your help,


Asked on 1/29/07, 9:19 am

4 Answers from Attorneys
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Cancellation of Sell agrement

Your Parents can cancel the sale agreement only if they have anything written in the Agreement to cancel at either party's option. otherwise the agreement will become enforceable, but mutual discussion with the purchaser stating that you will pay a little extra money to the contract will be sufficient. First check whether any cancellation clause is there in the agreement, if it is drafted by a lawyer it may be probably be there, and find outfrom your father any alternative house for sale of your kind is available and take him and show him and discuss with him.

without seeing the documents of Agreement it is not possible to speculate.

Regards.

B.Balasubramanya.

Advocate.

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Answered on 1/30/07, 12:33 am

Re: Cancellation of Sell agrement

Merely on the basis of your facts it is difficult to suggest the way to cancel the sale proceeding.The agreement is required to be examined first to suggest the way.

If you choose you may contact me on my mobile.

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Answered on 1/30/07, 2:19 am
Divyesh Gandhi Bipinchandra B. Gandhi

Re: Cancellation of Sell agrement

I am Advocate @ Rajkot Gujarat. You can Cancelled Sell Agreement with Notery Registration if Both Parties are Agree. You have to paid extra Rs. whatever purchase party want i.e. 50k + extra. If Require Contect Me. I am @ Rajkot. No. is +91-9898656736

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Answered on 1/29/07, 9:43 am
Vishwa Arya Arya & Co.

Re: Cancellation of Sell agrement

Dear Gentleman:

One need to look at the Contract of Sale or the Agreement in Question. Normally one would require the Agreement to be registred with the registrar of documents, which has not been done. Main comment may be made after going through the Agreement.

Bhushan Arya

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Answered on 1/29/07, 10:29 am


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