I made an aggrement which is on a 10 rupees stamp paper to buy a shop which is on a pwd land and besides of a 4lane NH. Price decided of 3lac and advanced the seller by 1lac 20 thousands by cheque. Time taken for the purchase of the property is 2 months from the date of aggrement but after 1 month when I talked with some persons of that area about that aggrement they said after 1year that will be broken by government for make that NH, 6 lane. After hearing this fact I talked to the seller (religion Muslim) to cancel the aggrement and refund my money but he refused to do. Can I take any legal action on him and what is the procedure?
1) what are the clauses in your agreeemnt regarding refund in case of cancellation of agreement ?
2) it is necessary to peruse the agreement to advice
3) you can on his website request for review of legal documents
4) contact any alwyer on this website and get agreement vetted by lawyer and act as per his advice
1.Yes,you can cancel the agreement by sending him a legal notice and ask for money back.
2.Howeevr if he refuses then taking legal action is only option left.
3.However do not take any decisison on rumour of acquisition of the land.if you buy this land and it is acquired by government later on then you will get adequate compensation.
4.Only check whether whether the land is already acquired or not .If acquired then then do not buy this one.
No doubt this agreement on a nonjudicial stamp paper is not a valid agreement and cannot be enforced in law.
Hence the vendor cannot enforce the agreement nor can he refuse to return the amount.
First you send a legal notice communicating that you have decided to cancel the agreement owing to the reason, what you rely upon and demand refund.
If the vendor is not cooperating or complying with the demands made you may file a money recovery suit based on the payments made through a bank transaction.
