I received a deal of 18 lakhs for my house on may 2018 and I received 2lakhs from the buyer. I waited for 3months for his PreApproved bank loan . Then registered the agreement considering, he will pay remaining 80% within 15 days. But now it's been 60 days and he hasn't received cheque. While enquiry , I got know that he lied that his loan was approved. He is been rejected by two banks. After 45 days from the registration. I issued a notice of 10 days . Later an extra 5 days was also provided through another notice and I had asked him to come for cancellation on December 1st . He didnt come. Can I cancel the agreement without the second party?
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It is necessary to peruse terms of agreement signed by you with buyer to advice
2) if there is clause that in event buyer fails to make payment within stipulated time deal would be cancelled approach registrar for cancellation of sale deed as full payment has not been paid by buyer
Dear Client,
IS there any time bound clause that full payment shall be made in particular period if yes than you already issued notice for demand of rest amount and extended the period for further 15 days and he not responded, hence, Agreement automatically expired.
Still you can send more noitce that on his failure to make payment on time and no reply to demand notice, agreement stand cancel and forfeiture of earnest money.
Ya , there is a clause in event of failure of payment within 45 days, I need to give a 7 days notice and later this agreement shall stand terminated. We have provided a total 15 days extension and now as per this clause the agreement is terminated Can I approach the registration for cancellation deed
No need for cancellation deed, agreement already expired on his failure to make payment on time and by evoking termination clause.
Approach registrar for cancellation of sale deed
you can cancel the agreement to sell as the purchaser has failed to comply with the terms and condition of the agreement. The cancellation of an agreement to sell (sale agreement) depends on the terms mentioned in the agreement.In your case, the agreement provides for payment of the balance amount within 3 months, a condition which has been dishonoured by the prospective buyer. Thus, you can proceed to cancel the agreement by issuing a legal notice to him through your lawyer.
a registered document if required to be cancelled, will have to be done only by registering a cancelattion deed between the parties
if the other party is not co-operating for cancellation of registration, you will have to file a suit
the registrar has no power under the Registration Act to cancel any registered document
Sir you have to file a suit for cancelaltion of the said agreement as the agreement cannot be unlaterally cancelled. The civil court has power to cancel same.
Sir the registration of cancellation cannot be done signed by you alone file a suit and seek cancellation of the agreement.
1) Yes, you can approach him for cancellation of agreement as per the agreement to sale clause.
You cannot cancel the registered sale agreement without the consent of the buyer.
The buyer has to jointly execute the registered cancellation deed.
Alternately you can approach court seeking to cancel the sale agreement.
You may please be aware that the sale agreement is valid up to three years from the date of execution.
You cannot unilaterally cancel the registered sale agreement.
The buyer has to cooperate with you or you may have to approach court for this purpose.
This is my response to you:
1. Yes you can approach the registration office;
2. According to section 17 of the Registration Act, registration is compulsory in respect of documents in certain transactions;
3. Similarly according to section 36 of the Registration Act, it is stated that if a person presenting the document desires the appearance of any person, then registering officer may in his discretion take steps;
4. Proviso 2 simply says that if the agreement is presented and other party is not present, then the registering officer can also issue notice;
5. Consult a local lawyer and take steps.
