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Dr.Ranjeeth Kumar (Doctor)     16 November 2012

How can we cancel sale agreement?

Hello experts,

                           15 days back my father-in-law made an agreement on Rs.100 bond to a buyer to sell his property for Rs6,50,000 and recieved 50,000 as advance by cash. In that agreement, a date is fixed (20-12-2012) to make arrangements for sale. Now my uncle is not willing to sell his land thinkikg the future of his son who is minor aged 13 years. So, he made a DD of Rs.51,000 to return to buyer to cancel the agreement. But the buyer is not willing for cancellation of agreement. He is threatening us that at any cost he needs that property.  only my father-in-law & mother-in-law signed in that agreement, my wife, sister-in-law and brother-in-law have not signed. We need to cancel that agreement and want to be free from mental tensions. What to do next to cancel the agreement? What consequences we should face if the buyer approaches the court? If we lose in court, should we sell our land to buyer or should we return back the advance amount with interest?



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 2 Replies

Sandeep Kumar Srivastava (Advocate)     16 November 2012

Dr. ranjeet

the fact mentioned above is quite unsufficient and no prediction can be observe on the given matter.  agreement is made by your father in laws is inforceable under the contract act, after acceptence  the offer it is impossible to revoke such contract, but there is other laws by which you can save your property.it is not known by given  that whether the property is Joint  hindu family property (ancestral property ) or the property acquire by the seller own, whether the minor has any right on the property  or not. if the propery is joint hindu family propery or minorr's has  right in the property in that case no one can sell the property subject to some exception,  so it can be said that  proper safe gaurd is given in legal system, so  i would like to suggest you that try to consult from  a lawyer, it would definately benefit you.

MohammedRaffiq Bijapur (Advocate)     16 November 2012

Dr. U can choose to cancel the agreement by rescinding to perform ur part of contract by showing sufficient cause. File suit u/sec28 of Specific Relief Act.

Either u can get file suit for partition through ur wife or sister-in-law or brother-in-law claiming their share in the property and seek declaration that the sale agremment is not binding upon them.


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