A.
Dear Sir,
In such circumstances, you can issue a legal notice cancelling (rescinding) the agreement on the ground of the buyer’s default and failure to perform within a reasonable time. Regarding the ₹5 lakh advance, the treatment depends on the terms of the agreement—if it is mentioned as “earnest money,” you may be entitled to forfeit it upon buyer’s breach; otherwise, disputes can arise and the buyer may claim refund. Since the agreed sale price is also significantly lower than market value and you are under EMI pressure (₹35,000 per month), you have a valid ground to terminate the contract and seek a fresh purchaser, provided you follow proper legal procedure.
However, before cancelling, ensure that you are not in breach (for example, if obtaining e-Khata was clearly your responsibility under the agreement). It is advisable to send a formal notice giving the buyer a final deadline (say 15–30 days) to complete payment and registration, failing which the agreement stands cancelled and advance forfeited. If the buyer disputes or creates obstruction, you may need to defend your action in civil court. Proper legal notice and documentation at this stage will protect you from future litigation.
Posted On 11-Apr-2026
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