1) you can inform the purchaser that brother is refusing to sell his share in property
2) under circumstances you are cancelling the agreement and refunding advance money received .
3) deed of cancellation can be executed by the parties
Cancellation of sale agreement
Agreement For Sale has signed by Birendra Pasari sellar to the buyer Nemi Chand of P.S. Nawalgarh State Rajasthan both has signed the said duly Notary on 3rd Dec.2016 at Kolkatta and I have received Rs.21000.00 as advance consideration money . We are two brothers in this ancillary property my brother has not signed the agreement . Now We want to cancel it. pl. send me the procedure for cancellation . Abstract of agreement is as follows, NOW IT IS HEREBY AGREED BY AND BEETWEEN THE PARTIES HERETO s follos: That the vendor agrees to sell and the vendees agrees to purchase the aforesaid property, fully described in the schedule below as an advance consideration money of Rs.21000.00 .
Asked 7 years ago in Property Law
Religion: Hindu
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3 Answers
1. If you and your brother are two joint owners of the said property, the said sald agreement signed by only one owner is invalid hence unenforceable.
2. Both of the joint owners are required to sign the said sale agreement.
3. Now you shall have to send the vendees a letter informing that the said property can not be sold since the other owner is not agreeable to sell his share of the joint property making the said notarised agreement invalid.
4. You shall have to return the amount you had received from the buyers as advance booking towards the sale of the said property.
Since the sale agreement is by a notarised document, it is not enforceable in law even if the opposite party is filing a suit to enforce the sale.
Also if the property belongs to both and only one had executed the sale agreement the co-owner can object to this and it can become invalid for this reason.
If you want to cancel the sale agreement, you can issue a notice to the buyer and communicate your decision to cancel the same for the reason you rely upon and intimate that you are ready to return the advance amount received by the mode he may inform you.
