Can vendor cancel a sale agreement unilaterally by a notice
I purchased 6 bigha 6 biswa land in Khasra No. 941,942 vill. Nindar, teh. Amer, Dist. Jaipur, through a Sale Agreement from vendor, Pratap Singh Rajawat, on 7.2.2006.
The total deal was for Rs. 85,05,000/-, and I paid Rs. 55,50,000/- vide cheques & Rs. 13,00,000/- vide cash, i.e. paid the vendor a total of Rs. 66,50,000/-
The salient terms of the Agreement were:
1. The vendor shall register land in my favour in proportion to the payment made by me, and will handover possession of free from encumbrance land to me in proportion with the payment.
2. The vendor handed over possession to me as per the above condition on site and on revenue trace map with color coding and signature.
3. The vendor could not carry out the registry as his sister had a court stay on the property, and other dispute on the property, but he promised to clear the disputes at the earliest, and register the total land in our favour, and receive balance payment of Rs. 16,55,000/-
4. On 1.12.2006 he claims to send a legal notice to me, which I did not receive, in which he accepts receipt of Rs. 54,50,000/- only as on date, and proposes to return the full amount, or if he can't arrange the funds, then he proposes to register a part of the said land in my favour of equivalent value.
5. Meanwhile I sent several notices to him to take the balance payment & register the land in my favour, but he did not give any direct reply to me, and neither did I receive any notice from the vendor.
6. In 2014, the Stay was lifted, and disputes were resolved, but he did not inform me about it in written till today. I contacted him several times for registration, but he refused.
7. Now the land rates have become very high, so he refuses to execute registry.
8. Now he has forcibly dispossessed me and stolen our material on the said land, and sold the same land to a third Party, with Agreement to Sale.
8. I lodged an FIR No. 461/15, P.S. Shyam Nagar, Jaipur, against him u/s 420, 406, 467, 468, 471, 379, 380 IPC in October 2015
I want advice on the following points:
1. Will the vendor's notice be considered as 'served' even though I have not received them? Nor have I signed any receipt.
2. Can the vendor cancel the Agreement one-sidedly without refunding the advance money?
3. Can the vendor cancel the Agreement one-sidedly, even when the Agreement clearly states that the registry will be done in proportion to the payment received?
4. The reason for delay in registry was due to the vendor's fault (Stay & dispute on land), Can he still make it the ground for cancellation of Agreement after 10 years?
5. Is there a time period limit for filing a criminal case against this vendor?
Thanking you for your advice.
I would appreciate it if your advice has reference to Acts & Sections.
Regards,
Kamlendra Singh Kurki
Asked 8 years ago in Property Law
Religion: Hindu