• Sale deed

We have recently made a sale agreement of our property to a party and taken an advance and agreed that the ramaining amount will be taken at the time of registration. It has been an year and the party is not responding; however in the sale deed there is no deadline mentioned for the registration. Can I cancel the sale deed and what is the procedure to do it? Can anyone please suggest
Asked 6 years ago in Property Law
Religion: Christian

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17 Answers

It was necessary that you must have included a clause deciding the deadline for concluding the sale.

Since the deadline for concluding the sale is not mentioned in this Agreement, this present case will be governed by the Limitation Act, where under there's a limitation of 3 years.

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
304 Consultations

5.0 on 5.0

The other option for you in case you do not want to wait for 3 years is to send a letter to the proposes buyer expressing your unwillingness to give him/her additional/more time for concluding the sale. Express your unwillingness to continue the contract. Also express your willingness to return the advance. If the other party fails to take any positive steps despite receiving your letter, cancel the agreement to sell by sending a letter via your lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9636 Answers
304 Consultations

5.0 on 5.0

1) You first don't give possession of the property to that party.

2) If you have registered sale of agreement and time frame to registered sale deed is not mentioned than you can give notice to that party and plus give advertisement in the news paper regarding cancellation of sale of agreement plus inform to all registrar and sub-registrar office of your lands district, that sale of agreement has been cancelled and due to no respond from the buyer so we are cancelling this agreement on no performance of this agreement by the buyer.

3) I will guide you what points need to entered in the notice and cancellation clause plus what should be reason for cancellation.

Ganesh Kadam
Advocate, Pune
12940 Answers
257 Consultations

4.9 on 5.0

Dear Sir,

In agreement of sale, seller has right to cancel the sale after giving notice to the buyer that buyer fails to comply the terms of the agreement. ... so you can sell this property to another buyer because you have duly given notice to the buyer.

So you can cancel the agreement to sell as the purchaser has failed to comply with the terms and condition of the agreement. Thus, you can proceed to cancel the agreement by issuing a legal notice to him through your lawyer. Do not sell it to anyone else without cancelling the said agreement first.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi

1) In general, litigant buyers always ensure to consciously avoid mentioning

a) time line for payment of remainder money or

b) time line for registration..

So it is not surprising that the buyer did not mention the same in agreement to sell.

2) We presume that your agreement to sell is unregistered.

3) If the agreement to sell is unregistered, then you are advised to issue legal notice to the buyer asking him to come forward for payment of remainder of monies and also for registration.

4) If the buyer does not respond to your legal notice, then you can unilaterally cancel the agreement within 30 days from the date of receipt of legal notice by buyer.

5) If the agreement to sell is registered, you will still need to issue the legal notice, but in order to cancel the agreement to sell, you should file a suit in the court with a prayer to cancel the sale deed as registered agreement to sell can only be cancelled through court.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Hi

Send legal notice to cancel the agreement to sell due to the inordinate delay in executing the sale deed by the purchaser.

return the advance amount if there is no clause to retain the advance amount.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

5.0 on 5.0

Time is not the essence of contract

2) sale agreement does not mention that payment is to be made within stipulated period of say 6 months

3) you can issue notice to seller that you are willing to register sale deed in his favour provided he makes balance payment

4) if he fails to make balance payment then cancel the sale deedby mutual consent

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

There is no specific procedure prescribed in law for cancelation of sale agreement. Send them a request letter calling upon them to pay the balance sale consideration and execution of sale deed with a time limit. If nothing done send a legal notice for cancelation of sale agreement

Buvaneswari
Advocate, Chennai
40 Answers
20 Consultations

4.3 on 5.0

It is necessary to peruse agreement fir sale entered into by you with purchaser to advice

2) you cannot cancel sale deed at present if purchaser has not made balance payment as time is not essence of contract

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

Send them a separate notice giving them a further window of 15 days

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

And if they do not come during the said time then the agreement will be deemed canceled and you may proceed with the sale of the land. Also make a clause for forfeiture of the advance payment

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Sir It is advisable to get the the agreement of sale canceled on the back side of the last page. The payment may also be recorded there at and it should be preferably be witnessed by all the same witnesses as have witnessed the agreement.

Kavery Anand Pandharpurkar
Advocate, Bangalore
336 Answers
12 Consultations

Not rated

you can issue a legal notice to the buyer for cancellation of the agreement and seek damages.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Serve a proper Legal Notice that deal has not been concluded from this side for so-so days and that now he was to conclude the deal in so-&-so period, failing which the advance amount paid by him shall be forfeited.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi,

You may send a written notice to buyer to get the sale deed executed within one month else it would be treated as cancelled. After one month, you may cancel that agreement giving newspaper advertisement.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If it is a registered sale agreement then it is valid upto 3 years from the date of agreement.

Therefore you cannot unilaterally cancel it.

However you may send a legal notice to the buyer about this and then decide about further action based on the response from the buyer.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

The land is based out of Hyderabad. The Party is not responding to our requests and we have decided to cancel the sale but the cancellation clause associated with time period is not mentioned in the sale deed. What is the procedure to cancel the sale agreement. Anyone Please suggest

If it is a registered sale agreement then it will be valid upto 3 years from the date of agreement.

If you have taken steps to inform him to get the property registered by paying the balance of sale consideration amount before completion of three years and he has not responded then you may wait for completion of three years by which it will be barred by limitation and stands cancelled automatically.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

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