Cancellation/termination of agreement for sale

Naresh S. Patil (Querist) 04 October 2012 This query is : Resolved
Sirs,

I had entered into an agreement for sale of my plot. I received agreement money of Rs. 1,00,000-/ Balance amount of Rs. 5,00,000/- was payable by the purchaser on or before 31st July 2012 for completion of sale formalities.

However, he is avoiding payments.

It is also observed that 1st july 2012 was clearly altered to 31st July 2012. Digit 3 at the place of alteration and elsewhere in agreement differ.

I would like to Know:
1. Whether I can terminate/cancel the agreement?
2. Whether I can file criminal complaint for forgery?

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ajay sethi (Expert) 04 October 2012
issue him legal notice that time for making balance payment of rs 5 lakhs has expired . since he has failed to pay amount within stipulated period agreement stands terminated . refund him the earmest money or forfeit the earnest money as per provisions of contract .

try to resolve the issue amicably . filing criminal complaint for forgery will aggravate the issue

Guest (Expert) 04 October 2012
I endorse the views of Shri Sethi.

prabhakar singh (Expert) 04 October 2012
If the time was essence of agreement as of necessity you ought to have terminated it in very July itself which you did not.

Even if forgery it is October now.A long silence.

Better serve a final notice for compliance of the agreement with time fixed failing which agreement shall stand terminated.

Get in touch of an adept Civil lawyer.

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