Prashant (PM) 06 August 2012

Cancellation of sale deed

Hi, I have made a sale agreement with a person to sell my flat. As per agreement he gave me 3Lac rs and was suppose to do the registration after paying the balance amount within one month time and i had to give him the vacant possession of the property. As per his instruction i moved out of my property and informed the same to the seller to go ahead with the registration.

Once i moved out the property, the seller suddenly started to ask me to reduce the price further, for which i disagreed.

Now the seller is not comming for registration. He is not ready to cancel the sale agreement mutually and is threattening me that he will not allow me to sell my property.

Pleae suggest if i go for a cancellation through court, by filing a suit for cancellation. How long will that take and can i sell my property without any legal issues after that.

Theres is no cancellation clause in the slae agreement.

Do help me regarding this.

Regards,

Prashant

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 August 2012

Mr.Prashant,

A mere agreement for Sale of flat does not by itself create any interest in or charge on such property. The agreement for Sale, will only create a right for damages if a breach thereof is committed by any of the parties. In the agreement itself a clause may be added to the effect that in case of breach the amount specified therein shall be paid by the party committing the breach to the order. On the other hand, if the parties so agree instead of damages for the breach thereof, a right to specific performance may be created by the agreement. If such right of specific performance is created the party who suffers the breach will be in a position to approach the Court and enforce the agreement. In all agreements for Sale it will be desirable to mention the quantum of damages or in case the parties desire the agreement to be enforced through a court of law, to make a specific provision accordingly.

Prashant (PM) 06 August 2012

Thank you Sir for your reply,

My problem in this agreement is that the buyyer had purposefully not put any clause of cancellation in the agreement which he prepared. There is no point mentioned in the agreement that if the registration is not done in the mentioned time the agreement gets cancelled and the original agreement is with the buyyer.

So i am not having any option to cancel it.

surjit singh (Assistant) 06 August 2012

You have the option to give him a legal notice for getting registration within a specific time on payment of the left out consideration money, with a further intimation that you will approach the court for cancellation of the agreement if he does not comes for registration within the time specified time.

Prashant (PM) 07 August 2012

Hi,

Thanks for the reply. i have already sent him a notice but the person has moved out of the address which he has mentioned in the sale agreement, so the notice has returned stating that the person has moved out of the address. Hence we don’t have any acknowledgment from him. Now he is not giving his current address. The only option we have to contact the person is through phone and mail.

Regards,

Prashant