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Bals (Executive)     14 October 2011

Cancel of sale agreement

Can we cancel a sale agreement(un registered), in case of having four legal heirs but only two legal heirs signed the agreement. We(seller) are two legal heirs who signed the sale agreement, but the buyer is not ready to cancel sale agreement. He is forcing us to get sign the sale agreement with other two legal heirs and execute the sale deed.  



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2011

Without the signature of the remaining legal heirs sale deed cannot be exeucted, if the other legal heirs filed the suit for partition then it is very difficult to the agreement of sale holder.

Bals (Executive)     14 October 2011

Thank you Rajiv, the other legal heirs are not ready to sign on the sale deed. Whereas I have already signed the sale agreement and received a token amount in advance, the buyer already sent a legal notice to me stating that the exectuion of the sale deed has to be done. Is there any legal way for cancellation of the Sale agreement, Kindly let me know.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

The agreement to sale is not registered so it is not valid in the eyes of law, no need to worry to cancel it

Bals (Executive)     14 October 2011

Thank you Nadeem, 

Please let me know the procedure to cancel the sale agreement, because the buyer already sent the legal notice and the agreement was done on 100 Rs stamp paper. I am confused from last two weeks.  Kindly need your assistance on this.

Mohandoss.R. (Assistant)     17 October 2011

I was told that the Sale Deed can be REGISTERED, if majority members have signed. Just becoz of minority, the majority should not suffer and therefore, majority can sell the property. I was told the law has been amended to this extent. Only experts can confirm this. (I am a commoner, but in similar situation). In your case, 50 : 50 have signed : not signed. Plz., therefore, try to get the signature of one more person. For the fourth member, you can pay the share amount either in the court or through a D.D. - Mohandoss. R.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     29 October 2011

Is Mohandoss the buyer? Law does not work the way it has been projected.


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