Sale Agreement Cancellation
4 years ago
Sir we [father, wife, son, Daughter] had signed an unregistered sale Agreement printed in 20rs Stamp paper and we were paid a 50% amount as advance. Within 2 days of agreement father died unfortunately. Property was in name of father. So after several discussions with our family members we droped the plan to sell the property. So we approached buyer to cancel Agreement signed on full repayment of his 50% advance money. But buyer denied accepting money back. Though we ready to give his money back, buyer is not cancelling sale Agreement. He is urging us to complete sale deed as discussed in sale Agreement. Kindly advice for possible solutions.
A.Dear Sir,
You may approach the Court to cancel such sale agreement due to changed circumstances or else wait till he goes to the Court and files a suit for specific performance and it takes years together to get judgment.
You may approach the Court to cancel such sale agreement due to changed circumstances or else wait till he goes to the Court and files a suit for specific performance and it takes years together to get judgment.
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Devesh Tripathi
Responded 4 years ago
A.once the agreement has been done it is binding but the type of agreement and whether it was registered or not and what was the language of agreement and time period everything has to be seen. you have not written the date of agreement and time for registry written in that agreement . contact local lawyer and show him copy of agreement then only you can have a proper advise.
one thing is there that if it was not registered then evidencial admissibility of documnt is not there but money you have taken by which way that is also a matter . so without knowing that it would be difficult to give you clear advise upon it. However, it is very much possible to delay the process if you resort to court and ultimately prospective / buyer will come to conclusion to take money back . dont talk on phone , no whatsapp with such buyer.
one thing is there that if it was not registered then evidencial admissibility of documnt is not there but money you have taken by which way that is also a matter . so without knowing that it would be difficult to give you clear advise upon it. However, it is very much possible to delay the process if you resort to court and ultimately prospective / buyer will come to conclusion to take money back . dont talk on phone , no whatsapp with such buyer.
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