Agreement of sale cancellation
Raghu ponnala
(Querist) 11 August 2014
This query is : Resolved
I have entered into an agreement of sale on 2 august 2014. by taking 25% of the total sale consideration. on 8 august 2014 he had cleaned the land with JCB and dosing machine and destroyed all my trees which are on the land. without my knowledge and consent. I am very upset with attitude of the buyers I do not know weather he will complete the transaction or not but he had damaged my 7 acres land now i don't see single tree in my land he had axed all the tree which are existing their.
I AM UPSET I WANT TO CANCEL THE AGREEMENT OF SALE WHICH WAS EXECUTED ON 2 AUG 2014 BY RETURNING HIS MONEY.
AGREEMENT CLAUSES
4. That the vendor has further covenant with the vendee that if the vendee is deprived of whole or any part on account of any defect in the vendors title the vendors shall indemnify and compensate the vendee agaainst the same.
6.The vendor shall deliver vacant possession of the said property to the vendee or his nominee at the time registration of sale deed or deeds.
rest of the clause are general.
Q1 CAN I CANCEL THE AGREEMENT OF SALE OR NOT. IF I CAN PLEASE TELL HOW TO DO THAT. IT IS AN UNREGISTERED AGREEMENT OF SALE.
Devajyoti Barman
(Expert) 11 August 2014
The vendee caused damaged to your property. See whether any such clause warranting cancellation is there or not.
in absence of it is would be difficult to cancel the agreement.
You can however send him a notice asking for compensation for the damages done to the property.
Raghu ponnala
(Querist) 11 August 2014
Mr BARMAN
There is no clause like i did not anticipated this so i have not written it.
but clause 6 clearly says that i will vacant physical possession after the registration only.
About compensation it is very difficult to estimate the damages done.
Rajendra K Goyal
(Expert) 11 August 2014
Consult a local lawyer and show him all the documents.
