Purchaser not cancelling the unregistered sale deed even after 21 months
3 years ago
I had an unregistered agreement of sale for an unapproved plot for Rs.3150000/- on 23/02/2019 and the agreement has a clause that the agreement is valid for 3 months. I had received Rs.500000/- as advance. Property has problem in measurement, though total area is same which I have informed purchaser orally before the agreement. It also have a clause that i can forfeit his advance if does not purchase the property within 3 months from the date of sale agreement. But purchaser have not purchased the property. I sent notices to his residence. He have changed his residence mentioned in the agreement and notice is not delivered. Notice sent to his office returned with the reason that there is no person by that name, though person's name and address are correct. Somehow he have managed to return the notice sent to his office. I sent image of the notice through whatsapp which has 2 ticks with blue marks. Now, after 21 months, His advocate is stating that the agreement will be valid for 3 years and also that there is some legal problem. Purchaser have never sent any notices to me so far on legal problems so far. Can he use legal problem if any as an excuse? Please advice as i'm in financial problem because this property was not sold.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
for the cancellation of the registry, a cancellation deed i required. both the parties need to sign it and provide original documents as per requirement.
if after sending several legal notices, the person has not received it or returns it, then you can f=start with the filing of the civil suit against him as it is the duty of the defaulter to prove that he has not a defaulter.
For cancellation, both the party; the original owner(who had signed, before ) and original claimant ,supposed to be present and sign document/s before SRO, by paying fee. Then both the party; The Original Vendor(who had signed previously in a sale deed) and The Original Vendee should be present for bio metric testing purposes. we also require the Original Document/s, the Aadhaar card or other IDs-documents, for records purposes, to be included in a deed of cancellation.
the deed of cancellation is important.
If the legal notice remains undelivered because the party refuses to accept it, then it goes against him treated as valid. It is not lawful to reject a legal notice.
If after multiple tries the notice remains undelivered, then the sender can begin with court proceedings and file a suit against the noticee. It is in the interest of a noticee to accept the notice and answer the notice to put forward his point in case it is justified so that it could be used purposefully in future court proceedings.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
let him run for his money.
Hope this clarifies,
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