Cancellation of sell agreement
Arun Desale
(Querist) 07 January 2012
This query is : Resolved
I entered into registered sell agreement to sell 1 acre agricultural land to a person @ Rs. 50,000. The agreement is made on 2,000 Rs. stamp paper.I received Rs. 40,000 in advance. The purchaser also paid due stamp duty to Govt. In the agreement time limit is not mentioned for sell deed. As the land comes under 'The Bombay tenancy and agricultural land act 1948 I brought 'Sale permission' from collector office in the name of purchaser. The validity of sale permission was 1 year which is expired at this moment. Its been 1 year and 9 months after sell permission date. Inspite of repeated asking the purchaser didn't come for sale deed.
Could I cancel this agreement now to make find new puchaser?
Please advise me in this regard.
Raj Kumar Makkad
(Expert) 07 January 2012
It shall be better for you to fix a particular date for effecting sale deed and invite the purchaser in the office of the concerned registrar along-with balance amount of sale consideration and all expenses including stamp duty etc. for the purchase of mentioned property. You should come present on that day and time as per your letter to be written to him. If he do not come present then mark your presence therein by way of affidavit then serve him through a legal notice and then intimate him cancelling the mentioned agreement.
Arun Desale
(Querist) 07 January 2012
Thank you for your kind response.
In order to make sale deed the sale permission is needed which is expired today. Could I cancel this agreement by giving the legal notice to the purchaser?
n.k.sarin
(Expert) 07 January 2012
No you can not cancel the registered sale agreement at your wish.your are bound by the terms and condition mentioned in the agreement and agreed by you.
Sushil Sharma
(Expert) 07 January 2012
agreed with both the experts.
with regards
Raj Kumar Makkad
(Expert) 07 January 2012
why didn't you post this query here or obtained the advice of any local lawyer some days ago and why did you waited for the expiry day (say night)?
Raj Kumar Makkad
(Expert) 07 January 2012
It seems that you yourself are not in a mood to can the sale deed executed otherwise you would have active some days ago.
ajay sethi
(Expert) 07 January 2012
repeated query
Arun Desale
(Querist) 07 January 2012
I joined this sight just today while looking for info on Google as I am not net savvy and I was not satisfied with local lawyer's advice. I am happy that I got genuine advice from you all. Thanks. @Rajkumar MakkadJi, I asked the purchaser repeatedly to come for sale deed but he didn't come. Now really I am not in mood to make sale deed. Can he order me legally to bring sale permission again?
Raj Kumar Makkad
(Expert) 08 January 2012
Yes. He can do so as there is no time limit to get executed the sale-deed. You cannot cancel the agreement suo-motto at your end.
Arun Desale
(Querist) 08 January 2012
Thanks Makkadji. One last question please. For how many years this agreement will be valid? It is made on 20 th April 2010.
prabhakar singh
(Expert) 08 January 2012
But I mark that permission was the need that you obtained and kept him informed to get executed the sale deed but he declined and did not turn up which leads to prove that 'he has not been ready and willing to perform his part of contract'hence i do not think he is entitled to remedy of specific performance for any number of decades.
Arun Desale
(Querist) 08 January 2012
Thanks for noticing important point. According to clause in agreement I was obliged to obtain sale permission from collector office which I have fulfilled. The sale permission was valid for one year. It's validity is expired now. I asked the purchaser to take back his paid amount against cancellation of agreement. He wants the extension of sale permission for which I am not ready. He has not send me any legal notice yet.
n.k.sarin
(Expert) 15 January 2012
The time limit is three year for specific performance of registered sale agreement and it will start from the day of denial.after that question of readiness and willingness arises.
