Cancel of land sale agreement
anzal
(Querist) 17 December 2011
This query is : Resolved
sir i had made an agreement for sale of my family property with a person. we made a agreement of paying 5 lakh in advance , half of the full amount by 3 month & rest by next 3 month, in document. but as the person was introduced by knowing person , by word we made a agreement of paying 12% of total amount in first week & rest periodicaly , but these condition's in word , was not said in the document. now we realize the person purchsed from us is a dealer, & he is trying to sale our property to another person & he havn't paid a single amount other than advance . now it's only 45 days over from the date of agreement. we had to get the amount periodicaly , which we made a deal in word, other wise there is no need of sale. so can we cancel agreement by waiting for 3 month & refunding the advance amount
Advocate SK Rohilla New Delhi
(Expert) 17 December 2011
An agreement can be in writing as well as oral. Written agreement can be proved by documentary evidence but oral agreement has to be proved by witnesses. It is difficult to prove oral part. In your case, you should wait for next three months and on their failure to pay as per agreed agreement rescind the agreement as breach on the part of Purchaser then forfeit 10% of total sale price and refund the balance by cheque OR you may continue the agreement and claims damages from the Purchaser.
anzal
(Querist) 20 December 2011
SIR, so by waiting for 3 month , after that can we cancel the agreement. what are the problems we have to face legally to cancel the agreement , if they don;t agree. how much time it will take
