Cancellation of Sale agreement Cancellation of Sale agreement

1 month ago

One of my friend father execute an land sale agreement (Unregistered) and signed in front of Notary Lawyer and also receive some token advance. But my friend (seller son and daughters) signed as witness(obsense of notary lawyer and also in his/her home)Next day my friend visit buyers house to cancel the aggreement Bcoz his father threatened them if they not signed as witness he will attend suicide.But buyer refuse to cancel the aggreement and file suit case against my friend. My friend ready to pay all token advance with bank interest.
My humble request pls suggest what steps should need to take by my friend.

Anik

Responded 1 month ago

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A.Dear Client,

If a civil suit for specific performance has been initiated by the buyer in the Civil Court, it is advisable to attempt an out-of-court settlement with the buyer. Otherwise, if the buyer has already paid the agreed sum, even in the absence of a registered agreement of sale, the court may issue an order in favor of the buyer. Therefore, exploring the possibility of a settlement outside of court can be beneficial for both parties involved.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Once a civil suit for specific performance is filed by the buyer in the Civil Court, try for an out-of-court settlement with the Buyer, otherwise, on receipt of taken money even if it is an unregistered agreement to sale, the Court may pass an order in favour of the Buyer. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Get issue a legal notice and cancel the dealing by offering to return the advance token amount taken thus the dealing come to end legally.
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Vidhi Samaadhaan Vidhi Samaadhaan

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