1)since seller is unable to provide the consent of legal heirs of co owners within stipulated period in agreement you can issue notice to seller to provide the documents failing which agreement would be cancelled and advance money refunded
Agreement to sell - cancellation
We have a property in Nagpur, Maharashtra. There are 2 owners of this property. One of the owner is deceased. The 2nd owner after consultation with next of kin of the decreased decided to sell the property and signed the Agreement to sell with the Buyer. 4 months time was given to organise and arrange for documents and signatures of next of kin of the deceased. The deceased has one son and five daughters and one of the daughter has passed away. Now the next of kin have done a U turn and refused to provide the documents. How can we exit from this agreement to sell? We are ready to return the advance taken from the buyer. Thank you!!
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
Thank you Sir!! As a seller we kept the buyer abreast of steps we are taking to organise the documents, but the deceased next of kin have refused to support this sale. Now the buyer is using force to make us extend the agreement. Can I as a seller return the advance money received from buyer and intimate the buyer that we are no longer interested in selling the property? Do I have to have to do this using a letter from lawyer or I can just send a registered post intimating about the cancellation of contract?
Asked 7 years ago
1) don't extend the agreement
2) you can inform the seller that you are willing to sell your 50 share in property but as legal heirs of co owner are not willing to sell their share you cannot force them to sell their share
3) offer to return advance money received by you
4) contact a local lawyer
1. Send a letter to the prospective buyer that one of the legal heirs is not willing to sell the property and sign the sale deed for which the said agreement for sell is hereby cancelled.
2. With the said termination of agreement letter you should also enclose a cheque towards the refund of the advance amount you had collected from him.
3. Please keep in mind that the sale agreement signed by the person who is not the sole owner of the property and does not have the POA to sign the jointly held property is invalid legally.
1.The said agreement for sale is invalid as per law since it was executed by you who is not the sole owner of the said property.
2. So, the buyer can not agitate for complying with the terms mentioned in the agreement which is invalid ab initio.
3. You shall have to send the buyer a cancellation letter attaching the cheque towards refund of the advance you have availed from him as advised in my earlier post.
Issue a legal notice to buyer by your counsel after discussed the matter in detail with the terms and conditions of the agreement.
Feel free to call
Unless the legal heirs of the deceased joint owner agreed to sign the agreement to sell the prospective buyer should not have agreed to purchase the property. Now the cancellation deed can be executed between the other joint owner and prospective buyer to cancel the agreement and refund the amount to the buyer. Issue a lawyer's notice to the prospective buyer to cancel the agreement and annex a cheque covering the advance paid by him.
If you are one of the vendors then you must inform the other vendors by communicating to them in writing about this and advise them to honor the commitment made through the sale agreement or else to refund the advance amount received towards their share.
This can be informed to the buyer too accordingly.
You can agree to cancel the agreement owing to non-availability of the documents to proceed with the sale agreement .
You can communicate the decision to cancel the sale agreement through your advocate or by a notice from your side citing the non-cooperation of the legal heirs of another deceased owner.
You can indicate that you are ready and willing to return the advance amount received by you.
Let the buyer approach court for relief and remedy if he is not agreeing to cancel the sale agreement