Cancellation of registered agreement
Hi All,
In June 2021, I had an agreement to sell my house in Mangalore. The purchaser payed me 40% of transaction value as advance amount & got agreement registered.
Below are the important terms in registered agreement,
a) Seller to obtain house CR and title deed before final registration at own cost. No time limit was set in agreement for me to obtain CR and title deed.
b) Seller & purchaser to complete sale transaction within 1 month after obtaining CR & title deed.
If purchaser neglect to complete transaction within 1 month, seller to issue notice to purchaser for cancelling agreement & refund advance by deducting 10%.
If seller neglects to complete transaction within 1 month, purchaser can proceed with legal proceeding in competent court to enforce agreement specifics.
Due to covid-19 & other reasons, it took 18 months since agreement to obtain the CR and title deed on Dec, 2022. Property price in my area has increased by 20% in last 18 months. To compensate my loss due to price increase, I requested purchaser to either pay 10% more than transaction value or cancel agreement as I am ready to refund full advance amount.
Purchaser has denied to pay extra 10% amount. He is also not agreeing to cancel agreement by receiving advance back. He is insisting to complete the final registration by paying remaining transaction value within one month as per agreement. In this case, without my fault I will incur the loss.
Please confirm if there is any options to cancel the registered agreement by refunding full advance to purchaser or Will there be any consequences if I delay registration till this month end so that I get chance to cancel agreement as per the clause.
Asked 3 years ago in Property Law
Religion: Hindu
Thanks all for your response. Would need help with below follow-up questions.
After negotiation, existing purchaser has agreed for me to proceed with selling the house to third party at current market value.
As per the negotiation, I need to return existing purchaser his advance amount with interest of 18% PA and 5 Lakhs additional amount. My question,
1) I had registered agreement to sell house with existing purchaser. Is it necessary to cancel existing registered agreement in sub-registrar office before registering the sale deed to third party ?
2) What document should I get signed from existing purchaser to avoid any future problems or damage claims for him ?
Asked 3 years ago