Cancellation of registered agreement of land
Please provide me your expert advise on below said matter.
Sub: Cancellation of registered agreement of land and risk on seller by buyer
The matter is of Allahabad, Uttar Pradesh. An agriculture land was to be sold by seller. Deal was done mutually between seller & buyer. A registered agreement was established between seller and buyer of land in Feb-2015. Seller is Schedule caste and buyer is OBC. Mutually agreed rate of land is 5 times more than rate mentioned in agreement as per prevailing market. Agreement was draft by buyer & his lawyer and get signed by seller saying that this is normal practise and we have purchased land this way many times. Seller agreed and put his signature. Now it has been more than 6 months and buyer is not paying the money. Because in agreement it is mentioned that land will be registered within 3 months from date of permission issued by govt. authority/DM office. Permission is required because land belongs to SC. Seller is scheduled caste. Verbally buyer was agreed to take permission but intentionally, buyer has mentioned in agreement that permission will be sought by seller. But no body has applied for permission neither seller and nor buyer.
Now buyer is not in mood to pay money as per verbal agreed terms. He is saying after getting permission he will pay but he is not trying anything to get permission.
Seller is in need of money and it has been seven months since agreement date . After understanding the buyer's bad intention, we have consulted a lawyer and sent a notice to buyer for cancellation of agreement.
And now buyer is not agreed to cancel the registered agreement and seller is not able to sell his property to others to fulfil his need.
The fear is what buyer can take possession on land without paying mutually agreed amount by legal approach based on agreement?
Buyer's motive is not in favour of seller, so please what preventive approach should seller take to cancel the agreement.
In case, if permission on land will be granted, then what buyer can get possession on land by legal approach just paying the mentioned amount in agreement?
What is time duration of such agreement to be expired itself?
Is it possible to sell the land to other buyers in presence of agreement?
If possible to sell, please advise me the procedures.
Please advise me to protect my property. I am seller. I want to cancel the agreement.
Asked 8 years ago in Property Law
Religion: Hindu
Thanks a lot to all for advising me on my request. Please go through my queries.
1. There is a cutting/strikethrough in agreement regarding grace period of agreement. Original line dictate that total period before registration of land is 3 months including grant of permission. But after cutting, balance payment and registration will be done after 3 months from date of permission granted. There is no signature of seller and buyer on corrected portion except in the last page, a note is mentioned and is signed by seller only. Note says that In page number 6, line number 2 " i.e. total period" is cut/removed/strikethrough.
This work has been done by buyer and his associates after completion of agreement in all respect and in absence of seller. A false signature of seller is putted there. seller told us that he will give a copy of agreement but he never gave us. We have taken it from registrar's office after 3 months. Please, how i can challenge this to buyer and his associates because they have done fraud.
2. @ Ajay sir, who will take permission? Nowhere it is mentioned in the agreement who will take. sorry i have given wrong information by mistake. Mutually it was agreed that buyer will take permission.
Please advise " how collector can refuse for granting the permission?'' If any guidelines please share so that i can make the permission rejected.
3. @ Ashish Sir, if i file a lawsuit to seek a declaration from the court that the agreement stands cancelled and also to make the buyer liable for damages on account of breach of contract. How much time it will take to get declaration from the court. There may be a chance of extension or hold on decision of court on the request of buyer.buyer may take a stay order. Please if there is any route to get deceleration from the court within limited/short period, please share it.
4. @ Thresiamma G. Mathew : Time duration of agreement was 3 months originally but buyer and his associate have put cut-line/strikethrough on total duration. Buyer was in plan to cheat us from first day that is why he has nowhere mentioned the deal amount and convinced the seller for signature.
There is only one agreement.Seller will not take permission and will not assist to buyer for permission because in agreement nowhere it is mentioned who will take permission. After grant of permission, buyer will force for registration and possession of land at indicated amount only. So please advise me to make buyer failed legally.
5. @ Devajyoti Barman : Agreement says that complete purchase and possession on land will done after grant of permission. Please what we can send a final notice calling upon complete purchase and registration/possession of land without availability of permission? . In this way buyer will fail because he can not do because he will not have permission granted. Along with buyer, to whom copy of notice is required to send? i.e registrar?
6. @ T Kalaiselvan: Is a notice enough for cancellation of agreement? we have already sent them. Buyer is not ready to present before registrar's office. In this case, is it possible to cancel agreement by seller and registrar or any other authorities except court without buyer's presence and signature? Initially, i am avoiding to knock the door of court for justice because court will take very much time for declaration.
Sir, if i file a suit for specific performance, how much time approximately will be needed for outcome of final decision?
Please advise me.
Thanking you.
With kind regards
S. Prakash
Asked 8 years ago