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.
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.
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Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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