Agreement for selling a house plot
2 years ago
My mother along with me and my brother gave an agreement to a buyer that we will sell house plot at mutually agreed cost and took advance. The buyer wanted 85 days time to pay the balance amount and get the property registered. But, he did not turnup. Through Mediater we understood that buyer wants 3 more months. But he did not approach us. As he failed the condition we want to cancel agreement and return the amount after deducting expenses incurred Rs.20,000/-. Kindly advise whether we are legally permitted to cancel the agreement?
A.Hello
If there is a clause in the sale agreement that if the buyer fails to pay the due amount in specified time then this agreement would he terminated or if the buyer does not fullfill the conditions of the agreement. In that case yout are legally permitted to cancel thr agreement and sell the property to someone else.
Thanks.
If there is a clause in the sale agreement that if the buyer fails to pay the due amount in specified time then this agreement would he terminated or if the buyer does not fullfill the conditions of the agreement. In that case yout are legally permitted to cancel thr agreement and sell the property to someone else.
Thanks.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Yes, you are legally permitted to do so. First you'll have to check the sale agreement and see if there is any clause like in case not payment of due amount this agreement would become void. In that case you are no longer bound to sell the property the builder, you could sell it to someone else.
Thanks.
Yes, you are legally permitted to do so. First you'll have to check the sale agreement and see if there is any clause like in case not payment of due amount this agreement would become void. In that case you are no longer bound to sell the property the builder, you could sell it to someone else.
Thanks.
Helpful
Helpful
Share
A.Yes you are legally permitted to do that if you had incorporated this clause in the agreement that you can terminate the the agreement if the buyer does not fulfill the conditions in a given period of days.
Helpful
Helpful
Share
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Kya registered agreement hua hhai.Agar registered hua hai tab aap unko ek legal notice de ki aap sale deed executed kara le or remaining amount pay kar de. Agar vah usko nhi karta hai tab aap apni property ko sale karne ke liye free hai. Agar seller time sima ke antargat sale deed executed nhi karta hai. Tab vah sirf aap se payment recovery ke liye court jaa sakta hai.
Agreement karte time usme kuch conditions likhi jaati hai. Agar koi bhi party uska paalan nhi karta hai. Tab agreement nirast mana jaata hai.
Ab aap par depend karta hai ki aap time dena chahte hai ya phir uska remaining money.
Agreement karte time usme kuch conditions likhi jaati hai. Agar koi bhi party uska paalan nhi karta hai. Tab agreement nirast mana jaata hai.
Ab aap par depend karta hai ki aap time dena chahte hai ya phir uska remaining money.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize the Agreement executed by and between the parties because the terms specified therein are binding upon both the Parties and if that prospective buyer failed to comply with the terms and conditions of that Agreement and if there is no provision for extension of time even in case of Clause Force Majeure and if there is provision for deducting such amount then only specifying all such grounds through Notice that Sale Agreement,if unregistered, can be revoked otherwise the Buyer can challenge such cancellation of Sale Agreement by filing Court case.
Helpful
Helpful
Share
Tanmoy Chattopadhyay
Responded 2 years ago
A.Serve the buyer with a legal notice first. Since the agreement do not seem to be a one where time is of essence so the legal notice will be necessary to fortify your case of cancelling the agreement unilaterally. As far as the expenses are concerned that would be dependent on fact of the case and whether you can establish the actual expenditure incurred and if that is due to the reason that the buyer defaulted then you can file a case before the court to cancel the agreement and make good the expenses incurred.
Helpful
Helpful
Share
Jagannath S Pawar
Responded 2 years ago
A.Yes you can if clauses of such Agreement permits so. Timeline is an essential factor of every Agreement which needs to be adhered to
into Deed and spirits. In case of failure to do so aggrieved party can approach the Court of appropriate jurisdiction for necessary and desired reliefs...
into Deed and spirits. In case of failure to do so aggrieved party can approach the Court of appropriate jurisdiction for necessary and desired reliefs...
Helpful
Helpful
Share
Read Related Answers
Formalities to be done by landlords regarding tenants in Ghaziabad UP
Dear Client,
Few metropolitan cities across the country have made police verification of tenants with local police stations mandatory for the landlord. Cities like Delhi, Bangalore, and Kolkata are a...
Flat Purchase
Dear Client,
In addition to the above, you need to obtain the following documents:
Mother Deed
Building Approval Plan
Sanctioned Plan Copy
Water & Sewage, Pollution, Electricity Approvals
Commencement...
Regarding undivided property
Dear Client,
According to the Hindu Law of Inheritance, the paternal property that is undivided for at least four generations qualifies as an ancestral property and the coparceners have an equal share...
Property - Our share of property
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In ca...
Confiscated phone
Dear Client,
If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
