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Manish Sharma (Legal adviser for land and revenue)     10 April 2017

Agreement of land can be cancelled on will full defaulter

Can we cancell an agreement of land on the pretex that the puchasing party is not willing to get the register done in his name. The buyer has paid full amount of the land and he entered into agreement with many other parties showing the full payment of property. Now the seller is interested in cancelling the agreement on the basis that the buyer is will fully not interested in getteing the property transferred in his name. The seller has fought many cases because of the buyer. Wherein every singly party who had entered into agreement with the buyer has made the seller a party in all the cases. Please advice. The seller has given notice for termination of the agreement and forefeit of the money.



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 4 Replies

Kumar Doab (FIN)     10 April 2017

Usually it is mentioned in agreement to sell that buyer can further enter into agreement with another party. Such agreement may be valid for 3 years.

If there is NO such clause the conduct of buyer is improper.

Kumar Doab (FIN)     10 April 2017

If there is a clause then:  it does not imply that buyer can at the same time recklessly enter into agreement with many parties and collect monies.

You may show the said agreement to a very able counsel specializing in revenue/property/civil matters.

Manish Sharma (Legal adviser for land and revenue)     13 April 2017

Dear Sir,

Thank you for your reply, In the agreement it is mentioned that the buyer can go for registry as and when suitable. There is no time limit mentioned in the agreement. The only thing is that the amount is fully paid to the seller.

Kumar Doab (FIN)     13 April 2017

Your liability is towards buyer from whom full and final payment has been collected and  to sign saled deed in favor of buyer.


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