• Cancellation of sale agreement

This is to subject that my father had came in to agreement on a R.S. 100 stamp paper  ( unregistered ) for the sale of half of the plot ( 82 yards) with a close relative six years ago (march 2008). For the past  six years he is making excuses like he was in huge debt, and to complete construction of the house etc.
He finally said that he is not going to do the registry as he has built 3 story building with a basement (unauthorized) and living there and do whatever you can.
He has given R.S. 4 Lakh (written) only and the circle rate was R.S. 7000 / Sqyd at the time of agreement. So the total cost of the plot was 82*7000 = R.S. 574000. The rest 174000 is still due.
Can we get back our plot and cancel the agreement as we are willing to return the money and pay the cost of construction of the house.
Asked 2 years ago in Property Law from Noida, Uttar Pradesh
since there has been no transfer of property,your ownership stands,there is a time limit in which agreement to sell has to be completed
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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what were you doing for 6 years ? i f  purchaser was not willing to pay balance amount you ought to have issued legal notice and cancelled agreement . 

what were the clauses in agreement ? was time the essence of contract ? 

since purchaser has failed to pay balance amount issue legal notice and cancel the agreement . since property is still standing in your name you are the legal owner of property . file suit for eviction against the purchaser
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
In an agreement for sale the clauses in the agreement hold the key to the rights and liabilities of the purchaser and seller. Was the date of registration mentioned in the agreement? 

Since the registration has not taken place the ownership has not transferred to the purchaser. As a corollary thereto, he has no right to stay in the property. Immediately file a case for his eviction after serving a lawyer's notice for cancellation of agreement.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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