Legal Question in Real Estate Law in India

Re: cancelling sale agreement

Dear Mr.Balaji,

Your question is not properly worded so as to enable me to understand what you really ask. I would be able to give you better legal advice if your question is clear and understandable.

However, it appears that more than a year has elapsed since the date of agreement. The time stipulated in the agreement is five months. Under law, either of the parties to the agreement for sale could file a suit for specific enforcement of the same within a period of three years from the date of expiry of five months stipulated in the agreement for the performance of the contract. I could not understand the line �Has it had a double registration on the land�. If the purchaser is ready to cancel the agreement then making an endorsement to that effect and affixing the signatures of both the parties could mutually cancel the agreement. You should in that event return the advance amount received by you under the agreement. If the agreement is a registered one then the cancellation is also to be done by a registered deed of cancellation so that there would be no encumbrance on the property in the records of the Registrar of Documents and Assurances. The rise in price is not a ground for cancellation of the agreement.

Re: cancelling sell agreement

you can issue a notice of termination of sale agreement along with the advance money through DD

any clarification contact [email protected]

regards

Re: cancelling sell agreement

Dear Mr.Balaji,

From your query, it appears that you had entered into an agreement to sell your land and now you want to cancell this Agreement firstly as the time stipulated by the agreement has expired and secondly prices have increased.

As far as expiry of agreed period to perform the Agreement is concerned, it all depend on the terms contained in the Agreement in that behalf. If in your Agreement time is made the essence and it also provides for cancellation upon expiry of agreed period, you may consider the same to be cancelled. However, to give any positive opinion on this, what has been stated in the Agreement has to be interpreted and same is not before me.

As far as part of your query concerning cancellation on account of increase in the prices subsequent to your Agreement is concerned, you are not entitled in law to cancell your Agreement for this reason.

I hope above may satisfy your queries sufficiently.

Re: cancelling sell agreement

In reply to your question,

It is not clear what is the terms you have entered into between you and the seller.

It should have specifically said that title to the property should be clear and if not the sale agreement will be cancelled.

If it does not contain the above terms please negotiate and take the refund of advance. you alone as a single party cannot cancel until there is a fraud played by the other party.

B.Balasubramanya

Advocate.