Samueallss (abc) 17 November 2010

In case deal is cancelled after Registration

Hi,

One and half month back I entered into a flat purchase deal and made an "Agreement to Sale" and registered the same document with registrar. At the same time I paid Rs. 65,000/- towards stamp duty and registration fees. Partial amount paid to vendor at the time of agreement ,but due to some unexpected reasons now it seems that this deal would be cancelled. Pleaes suggest me on following

1. Can I claim to receive back the stamp duty and registration fees amount from registrar?

2. If Registrar denies to pay the same, can I claim this amount from Vendor since this deal is cancelled due to his fault.?

3. Can I claim my expenses like lawyer fees, loan processing chgs, society trf charges etc. to vendor?

4. What is procedure to cancell this deal and transaction

You are requested to guide me on this.

Atanvir

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 November 2010

Samueallss (abc) 17 November 2010

Thanks, but I couldn't get it. i have 4 querries but you have replied only as "No". Shall I take it as this is the answer for all 4 querries.

Regards,

Atanvir

Sabir Bose (Service) 18 November 2010

Querry No.1. Indian Registration Act does not provide for such a provision.

Querry No.2 & 3. However, if you have all the evidences to prove that the agreement is cancelled due to the fault of Vendor/Promoter, you may like to file a civil suit.

Querry No.4. To cancel the deal & the transaction, you must write to the vendor/promoter expressing your intention to cancel the deal & transaction on the specific ground.

Sabir Bose

Legal Adviser

Samueallss (abc) 18 November 2010

Thanks a lot...........

Atanvir

sanket (Advocate) 23 November 2010

No in this case you will not be able to claim stamp duty paid neither from Registrar nor from Vendor because the registration is procedural formality which is completed as soon as your agreement is registered and thus Registrar is not at fault for cancellation of said deal second thing is that the Agreement itself has the cancellation clause which is open to both the parties therefore Vendor is also not entitled to pay you stamp duty but if u think that Vendor has violated any terms of Agreement and if that is the main reason for cancellation then u can sue vendor under specific relief Act for specific performance.