• Cancellation of sale agreement

I have entered into an agreement on 26th june 2017 for purchase of a property for Rs53.00 Lakhs against which I have paid an advance of Rs.2.00 lakhs and balance amount within 90 days.It was not a registered agreement.
The seller is an old widow lady having three married daughters.The old lady is the sole owner and all the papers are in her name only.
The agreement was signed by the old lady as well as her three daughters.
The conditions in agreement were kept very aimple for the ease of these ladies.
Only condition was that if the purchaser finds any default after the agreement then the seller has to return the advance money to the purchaser.
Now after getting my loan sanctioned based on the agreement and incurring all the legal expenses so far for the loan as well as advocate charges I approached them for fixing the registry date but now they want to exit from the agreement and dont want to sale the property to us.
We also found that they havent yet encashed the DD of Rs.2.00 lakhs till now which clearly shows that they were aware of any such situation but didnt even let us know earlier.Even nearby people also said that they are still visited by other purchasers so it might be that they are aelling to some other parties which breaches the agreement clause.

As there was no default clause in the agreemnt can I take seek of law for not getting this agreement cancelled.??
I have already proceeded too much for buying this property and not in a position to back off right now..
Please suggest what actions or measures can i take to purchase the property by the help of law.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1. It is not clear whether you have mentioned in the agreement the clause of cancellation by either of the aprties.

.2.If you relly want to get this proeprty then within the 90 days send several notice expressing your willingness to purchase this proeprty stating the sanction of bank loan also.

3. if you find no response from then then file a suit for specific performance of contract

4. To ensure that she may not sell the proeprty anyone else during the pendency of the said suit seek injunction as well.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) issue legal notice to sellers to register sale deed in your favour

2) mention that you are willing to make balance payment as loan has been sanctioned

3) if sellers refuse to honour agreement file suit for specific performance

4) seek injunction restraining sale of property by the sellers

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

Though the unregistered sale agreement is not valid i the eyes of law, you may send a legal notice to them expressing your ready and willingness to get the property registered on your name by paying the balance of sale consideration amount immediately on a date fixed by them and execute the sale deed at your cost

The reply given to this shall be an acknowledgement which would support your pleadings in the suit for specific performance of contract to be filed against them to get the sale deed executed in your favor.

T Kalaiselvan
Advocate, Vellore
90041 Answers
2498 Consultations

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