1)I am 65 years old.My husband was expired in 2013 2)I was inherited a property of Rs 2.1 crore circle rate from my husband through partition deed 3)But my son forced to made me to sign on an agreement of sale for that property for 1.7 crore below the circle rate 4)The fair market value will be 3 crores 5)The buyer had paid advance 50 lakhs to my bank account 6)But now I dont want to register that property to the buyer. 7) I informed the same to the buyer. 8)But he is not ready to cancel and he is also entering to my asset and trying to take the possession of the property 9)He had lot of financial background and influence and we were unable to struggle with him. 10)We had no assistance from anyone. 11)In this situation please suggest me how to cancel the agreement of sale and protect my possession of property 12)The buyer can also make the police not to interfere andtake action to my complaint for protecting the possession 13)The agreement of sale is done on the condition without the possession of the property
1. See file a police complaint against son and said person that they forced you to make sale agreement for cheating and intimidation for signing document forcefully.
Further file a civil suit.for cancelation of sale agreement in the civil court.
Further if police is not taking action file an petition in high court.
1. Refer the sale agreement to find out what is the terms relating to cancellation .
2. Irrespective of the terms yu can choose to cancel the agreement by sending the advance money and proceed to sell the property to someone else of your choice.
3. This is a civil dispute in which police has nothing to do.
1) Have you mentioned cancellation clause in the "Agreemnt to Sale" deed and don't leave the possession of property.
2) You can get stay from the High Court regarding this Agreement to Sale and time being stopbuyer to entering in your premises so local police and collecter or tehilsdar could not do anything in this regards.
Only High Court has permission if any wrong has happened and you don't want to perform that action if the property becomes litigate than till further order receive from court you will get relief the action of bith parties remain constant and stop where they are.
1) inform seller that you do not want to proceed with sale of property and that agreement stands cancelled . Refund his money
2) mention that your son forced you to execute agreement for sale against your wishes
3) file police complaint against your son for criminal intimidation under section 506 ofIPC
4) do not execute registered sale deed in purchaser favour
seller has right to cancel the sale after giving notice to the buyer that buyer fails to comply the terms of the agreement. if price is partly paid but buyer did not pay rest amount in stipulated time then seller can sell that property any other buyer after giving notice to the old buyer.
You can refund the amount and execute a cancellation deed. If the agreement of sale is not registered then it doesn't have legal effect. He can take possession forcibly. You can file fir against him
You need to cancel this sale agreement by sending a notice of cancellation through a lawyer. You need to make a refund of the advance payment made by him along with such interest/penalty as stipulated in this agreement to sell.
Contact a local lawyer
Return advance paid to you by buyer
file a suit to injunct the buyer or his person from disturbing your possession
in this suit you will have to include buyer and your son as your son enticed you to sell the property for a lower value thus exercising undue influence on you
The buyer cannot take possession of the property without getting the property registered to his name.
If he is making an illegal entry to take possession, you may approach police, and if the police is not cooperating then you may approach the top police officer of the city/district for intervention and relief.
If the police is not cooperating then you may approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to police to take proper legal action on your complaint.
You may even approach senior xcitizens welfare tribunal with a complaint against the illegal activities of the buyer and his threats posed on you.
