Cancellation of a notarized land sale agreement
1 year ago
I am seller of a piece of land. The buyer made a notarized agreement on a Rs10 stamp paper, for a total value of 29 lakhs, without mentioning a date(by which he intends to complete the purchase). Buyer paid 2 lakh in advance during signing of agreement.Rest money has to be paid on date of registration of land (no mention of any date). 8 months has passed since then, no more progress by buyer.
So, I don't want to sell the same land anymore. Is it possible to cancel the notarized agreement? If yes, what is the procedure, please advise.
Send a legal notice to the seller to come forward and get the property registered in your name or let the seller return your advance amount which you have paid to the seller.
If there's no positive response from the seller, file a suit for specific performance in the jurisdictional Court.
For better clarity reach out to an advocate
Anonymous
Replied 1 year ago
Sir, in this case, I am the seller. The buyer is causing problem. Buyer has given 2 lakh advance in an undated agreement, and rest money he is not paying so that the registration can be done. But neither he is completing the action, nor taking his advance money back, despite verbal reminders.
In this case , what is the seller (me) can do ?
So, reach out to an Advocate for serving a legal notice to the intended purchaser that you want to revoke the undated agreement to sale which got no legal sanctity and enforceability and also for lack of compliance of conditions on his part even after lapse of 8 months.
watch the affect or response to your time bound legal notice from the Purchaser and go ahead as adviced by your Advocate for smooth disposal of your property.
Anonymous
Replied 1 year ago
Thank you. Since, specific performance on either parties being undated/infinite and void ab initio, is it necessary to send a legal notice to the purchase? What could be the consequences, if I don't serve a legal notice to the purchaser and sale the land to some other party ? Note- I wish to return the advance money to the purchaser (that he paid me during signing). Should I return him before selling same land to other party, or is it ok to pay after. There is no interest clause on advance money.
Legal Counsel Vidhikarya
Replied 1 year ago
Being a party to a voidable agreement or contract specially on receipt of a part of consideration money that you intend to refund to other party, it is both statutory and obligatory on your part to inform your intention to the other party so that you can dispose of your said property free of any type of encumbrance and to avoid any future litigation.
Further, even the clause of interest on part payment of consideration money is silent in a voidable agreement OP may claim interest at the prevailing ROI of Bank on it as you kept it for a considerable period that caused pecuniary/financial loss to him.
So resolve the matter wisely and following the natural justice.
Legal Counsel Vidhikarya
Replied 1 year ago
Your query is well explained and clarified in the previous reply/response.
Nothing appears to be added further in this regard.
Now it depends solely upon you to decide what will be good or bad for you
and face the consequences.
Hope the matter stands well understood to you.
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