cancellation of registered agreement for sale of flat THANE
umesh
(Querist) 06 June 2014
This query is : Resolved
Sir, my client A sold his flat to B with registered sale agreement in THANE: Mira rd on 04/04/2014 with an valid period of 30 days for balance payment but till date ie.06/06/2014 the person B has still not paid the balance amt. & now A wants to sale the flat to C but B wants to continue the deal & A the owner want to cancel the deal . CAN THIS REGISTERED AGREEMENT BE CANCELED ONE SIDED BY THE OWNER AS HE HAS NOT RECEIVED THE BALANCE PAYMENT IN TIME. PLEASE DO SUGGEST. Thanks umesh
Devajyoti Barman
(Expert) 06 June 2014
1. An agreement whether registered or not can be cancelled on breach of its terms.
2. SO if in the agreement there is clause of cancellation of agreement on default of payment then it can surely be cancelled.
3. otherwise other penal clause , if any, will have to be followed.
Dr J C Vashista
(Expert) 06 June 2014
In this situation A may issue legal notice to B for forfieture of earnest money paid at the time of execution of agreement to sell/purchase, clearly statng that you (B) has failed to perform the part of contractual obligation by not making payment of balance of consideration amount. It is sweat will of A where B has no control or say to honour the agreement or do away.
Even othrewise, as per terms and conditions of agreement A is entitled to refuse selling his flat to B and he (A) can sell the flat to C..D..E
V R SHROFF
(Expert) 06 June 2014
iSSUE NOTICE FOR CANCELLATION, GET REPLY, mOVE cOURT , PAYING 1/2 cOURT FEES
As you need Court order of Cancellation. Court may allow/Grant time to pay ...
Rajendra K Goyal
(Expert) 06 June 2014
All the terms and conditions of agreement has to be referred, consult a local lawyer and show him the document.
Sankaranarayanan
(Expert) 06 June 2014
i do agree with experts.first send notice and act further
ajay sethi
(Expert) 06 June 2014
if B is willing to make payment now dont cancel the agreement . condone the delay by accepting payment with interest . if B is not in position to make payment issue legal notice as advised by experts . then move court for cancellation of agreement
Raj Kumar Makkad
(Expert) 06 June 2014
If you smell that the cost of the property has hiked many times or more than amount of interest being offered by the other party then can the agreement cancelled by simply serving a notice as time is the essence of the contract otherwise follow the advice of Sethi.
Biswanath Roy
(Expert) 08 June 2014
Agreement for sale cannot create claim for title. If the Vendee does not fulfill the terms of the Agreement then Vendor by serving a legal notice can cancel the agreement even if it is registered and can sell the property to any other person. But it is advisable to return the advance paid by vendee.
Raj Kumar Makkad
(Expert) 08 June 2014
Unless the agreement is revoked, the sale to third party may create multiple problems.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
Yes, I agree that until and unless the sale agreement is cancelled, it may create more and more legal issues till it is resolved legally. The experts have advised more suggestions, you may think over it or approach a local lawyer and seek his further advise and proceed.
