• Want to cancel agreement of sale

Hello sir, my name is pankajfrom haliyal Karnataka, I have my mother's housing board apartment on my name..my name on sale deed. Mother bought this before 10 years and did agreement with seller and paid full money. After 10 years she did sale deed on my name.in sale deed is is not consenting party. In Jan 2019 my father died.she wanted to sell this house and wanted to settle in Rajasthan.she got buyer for17 lakhs and we did agreement of sale with party and took 3 lakhs as a token money and did agreement of sale on march 28th 2019 and gave him time of 50days for sale deed. But due to her health problem and phycological problems,she is under treatment ,she can't settle in rajasthan,she requested buyer to cancel the agreement and she will return his money.First he agreed on phone, but now he sent one advocate notice that within 15 days we have to sign sale deed. Sir my mother is alone,we have only one house,if we sale where she will live,I am working in factory as a worker.i have staff quarter but small. apartment is on my name , kindly suggest what to do,in agreement of sale it is mentioned that if we cancel he will sue us.kindly guide us to cancel this agreement for mother.
Asked 10 days ago in Property Law from haliyal, Karnataka
Religion: Hindu

it is necessary to peruse agreement for sale entered into between purchaser and your mother 

 

2) if you cancel the agreement purchaser can file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
61329 Answers
3722 Consultations

5.0 on 5.0

1. This is your property and you have every right not to proceed with this sale.

2. Send him cancellation notice and refund his money.

3. The buyer though can file a suit for specific performance of contract, considering the approach of the court in such  matters the buyer is not going to a decree in his favour.

4. ina y event once you send him a cancellation notice and return his money, continue to enjoy the property. 

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

Offer to refund Rs 3 lakhs with interest at 10 per cent 

 

2) suit filed by purchaser would take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
61329 Answers
3722 Consultations

5.0 on 5.0

Dear Client,

Until buyer himself not defaults, you cannot cancel the agreement. Let the buyer approach the court for specific performance of agreement, there she will say, house is on your name and she was not authorize to sell neither sale is approved by you.

Further, agreement itself is invalid as  house is in your name. And she executed agreement without authority and POA by you.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

you need execute a registered cancellation deed with him willingly and return his money. If he is not agreed then you need to file a suit for cancellation in the civil court

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

See if the agreement is signed the buyer can go for suit of specific performance and the court can order you to transfer the property in his name, now the agreement can be cancelled only on condition if the buyer does breach any condition or he mutually agree for cancellation.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

See even you agree to refund the amount he can seek specific performance at this stage it would be better to offer him interest and cancel the agreement.

Sir the notarised agreement is also valid and can be taken as evidence of the transaction. 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

Hello Sir,

Please be advised as follows:

You are required in the present scenario to submit a response to the court in a language expressing your hardships and critical condition of your mother invoking humanitarian grounds and then for the future course the court if considers your ground might direct you to pay interest or some extra amount of money other than 3 lakh token money in order to let you save your house.

 

 

Harshit Singh Jadoun
Advocate, Noida
65 Answers

5.0 on 5.0

You have to send a notice to him and ask him to take the amount back and have the sale agreement cancelled. if not he can initiate a case on you which may be problematic for you. hence you can hire a lawyer for the same.

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Dear sir

As you have made an agreement with the buyer so you and buyer both are bound by the conditions mentioned in the sale agreement

So yes he can sue you in court if you cancel the agreement or delay the registration process. 

If you are returning the money with Interest and want to cancel the agreement then let him go to court. There you agree to pay the money back with Interest and costs paid by him. There are chances that court order relief in your favor and cancel the agreement.

Mohit Kapoor
Advocate, Rohtak
556 Answers

5.0 on 5.0

Dear Sir,

Get issue a Legal Notice to the buyer and enclose a DD for Rs. 3,00,000/- (Xerox copy) and if he did not come forward to take the original DD and to cancel the sale agreement then the agreement itself comes to an end.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3970 Answers
92 Consultations

5.0 on 5.0

Same defense she will take than, mere purchase in your name, dose not make you owner and mother is actual owner and she has not authorize you to deal for the property.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

If the agreement for sale is not by a registered document then you need not be worried about it.

Let him sue you, once you receive summons, you may inform court that you are not willing to sell the property since it was forced on you however you are ready to return the booking amount, the court may accept your proposal and pass a decree accordingly.

However if it is a registered agreement then you may have to fight back strongly on the basis that this property belonged to you whereas your mother without any rights had entered into the sale agreement without even informing you etc.

 

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

You can ask him to proceed through court especially if the sale agreement is by an unregistered document.

Even the court will not entertain the suit for specific performance of contract if the sale agreement is not a registered document, instead it may p[ass an order to refund his advance amount.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

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