90,000+ Legal Questions Answered

Cancelling Sale Agreement Cancelling Sale Agreement

1 year ago

Hi,
My mother along with her 4 sisters agreed to sell an agricultural land in 2014 for 65 Lakhs. The stamp paper sale agreement (not registered with photos etc.) was completed with advance payment of 30 Lakhs from the buyer with registration to be completed within 3 months with date mentioned on sale agreement.

Within 2 months, there was a legal case registered in court by the first cousins of the 4 sisters that they have a share in the property and it is ongoing even today. Due to this, the sale could not be completed.

We have waited for long and buyer agreed to wait for the case and pay the difference amount based on actual value when the case is settled. But now, he says he will not pay anything more. Based on this we want to return the advance amount and cancel the sale agreement. What is the legal process or suggested steps to cancel the sale agreement and return the amount please.

Thanks,

Anik

Responded 1 year ago

View All Answers
A.Dear Client,
In order to cancel the sale agreement, you would need to get an order from the Civil Court and present it to the Registrar, who will then go ahead with the cancellation process. The buyer can get up to 98% of the stamp duty as a refund. The person has to attach the original registered agreement and the originally registered cancellation deed along with the refund application.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDecree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir, It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
question iconProperty and Home loan
Dear Sir, It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
question iconRemove co owner from FLAT BBA if he is not giving his consent
Dear Sir, You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
question iconLand dispute
Dear Sir, Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...
question iconPartition suit - Rent being given to Non legal heir
Dear Sir, My answers are as follows: 1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs. Ans: Your aunty is a str...