• 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

12 answers received from multiple lawyers

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12 Answers

Hello, 

  1. As per the terms of your Agreement to sell, you can delay onlyless than a monthto get the registration done and your failure in doing so will set in motion his right to sue as you would have already informed him about obtaining the CR and title Deed.
  2. In the absence of any specific clause in the Agreement that permits enhancing/ compensating the seller in case of chane in circumstances, you don't stand a chance to take a gamble.
  3. Therefore, unless agreeable to the buyer, you cannot get through with refunding the whole amount and cancel the registered Agreement. As far as you have explained the terms of the agreement, the purchaser is at an advantage now to enforce the registration.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You have to honour the agreement signed by you 

 

2) terms of contract are sacrosanct 

 

3) if you fail to execute registered sale deed purchaser will file suit fir specific performance against you 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can cancel the agreement by paying the amount to him including any damages if any

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

1.  Delay is caused due to circumstances out of control of seller and buyer. Even after delay buyer is ready to proceed with deal. 2.  If the seller fails to register sale deed within one month, buyer is entitled enforce the agreement and Court will enforce the agreement. Seller cannot take advantage of his default by dragging the registration beyond agree period. 3.  There is no way, the seller cannot come out of agreement.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

- As per Supreme Court , all the agreements or Limitations extended for the period of the Covid-19 lockdowns 

- Hence, the one months of limitation as mentioned in the said agreement will be automatically extended limited to the lockdown periods only. 

- Further, if that buyer has delayed the registration even after the lockdown periods , then you can cancel the agreement after sending a legal notice and to refund the remaining amount as mentioned in the agreement. 

- Further, only due to increase the market price , you cannot cancel the agreement and even you cannot charge him more amount. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

The conditions of contract in the registered sale agreement deed is very clear.

Thus after obtaining the CR and the title deed the time limit is one month for execution of registered sale deed by vendor in favor of vendee.

The vendor cannot mention the escalation of price of the property to demand excess amount nor he can withdraw from his commitment made in the registered sale agreement. 

The vendor is obliged to honor the conditions of agreement if there is no fault or delay on the part of the vendee .

The vendor cannot get any relief through court of law also even if he is planning to approach court of law with his fancy idea  especially for the reason he relies upon.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear client you can cancel any agreement on the basis of fraud miss representation etc

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1.  Yes, it is essential tht you execute a joint cancellation deed to cancel the registered sale agreement, which which the encumbrance created on the property shall stand removed. 

2. The above said registered cancellation deed executed jointly by the purchaser and the vendor shall be a sufficient and substantial document to prove that the sale agreement has been cancelled and in addition you may obtain a payment receipt for the amount you had returned to the buyer along with two  witnesses one  from his side and another from your side, which would safeguard your future interests in this regard. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Deed of cancellation has to be executed by the parties duly stamped and registered before selling property to third party 

 

2) obtain in writing from existing purchaser that x amount is received in full and final settlement and no money is due and payable by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. Since, that agreement is dully registered , then you should enter into a registered Cancellation deed with him.

2. You can enter into an agreement with the existing purchaser after mentioning about the cancellation of the agreement and the undertaking of the receiving of the payment made by you 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. Yes 

2. Indemnity bond 

 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear client,  the answer is yes  

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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