Want to cancel bayana nama
Querist :
Anonymous
(Querist) 22 July 2020
This query is : Resolved
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Guest
(Expert) 22 July 2020
A Good Advocate of the Buyer would advise him to file a Suit for Specific Performance . First return the advance amount by way of Demand Draft by Registered Post. Discuss in detail with an Local Senior Advocate and Proceed before the buyer could step in to Court.
Querist :
Anonymous
(Querist) 22 July 2020
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Dr J C Vashista
(Expert) 23 July 2020
What is the reason for cancellation of Bayanama ?
What are the terms and conditions of Agreement to Sell qua cancellation ?
Dr J C Vashista
(Expert) 23 July 2020
Generallly if the seller cancels the agreement s/he is bound to pay double the Bayanama amount, i.e., amount received by seller, is it so in your case ?
If so, you will have to pay double the amount received.
Dr J C Vashista
(Expert) 23 July 2020
What is the plea taken by the vendee (buyer) for cancellation of Agreement to Sell ?
Did you issue legal notice expressing your intention and reason thereof ?
Sudhir Kumar, Advocate
(Expert) 23 July 2020
buyer has two option
(i) deposit remaining money in court file suit for Specific performance and get property registered in his name
(ii) be satisfied with refund of double bayana.
Aniket Giri
(Expert) 23 July 2020
It depends on the terms and conditions of the agreement.
1) Is the agreement time bound, if yes, whether it has expired, then you can opt for that clause.
2) There must be a clause wherein it has been stipulated the conditions where you (Vendor) can also cancel the agreement, subject to conditions.....
so as the case may be just invoke the clause, write a letter along with cheque/bank draft refunding the advance amount.
If you are not sure what to to do, contact an advocate and take his help.
Querist :
Anonymous
(Querist) 23 July 2020
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Aniket Giri
(Expert) 23 July 2020
Then write a letter intimating your decision for cancellation of the agreement and pay the double of the advance amount by way of cheque/ draft along with it.
Querist :
Anonymous
(Querist) 23 July 2020
Sir, After double payment through cheque by register post , buyer not able to take any legal action against me. It was not written on agreement if I not sell then double pay to buyer.
Sudhir Kumar, Advocate
(Expert) 23 July 2020
It will be mercy of buyer if he accepts the double payment. Else he can file suit for sale on same price.
Querist :
Anonymous
(Querist) 23 July 2020
If I pay double to buyer when I able to deposit this amount in court.
Rajendra K Goyal
(Expert) 24 July 2020
If the clause was not written on the agreement to sell, all depend on the buyer whether to cancel the deal and accept the double of the payment.
P. Venu
(Expert) 25 July 2020
Why is that you do not want to keep your promise? To my knowledge, there is no legal provision or proposition that an agreement for sale stands discharged/satisfied on the proposed seller refunds double the amount advanced.
Sudhir Kumar, Advocate
(Expert) 25 July 2020
the buyer may (or may not) accept double deposit. He can seek execution of contract by depositing remaining amount in court and you keep running to get the same.
It appears you have still not spoken to buyer.
Querist :
Anonymous
(Querist) 25 July 2020
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P. Venu
(Expert) 25 July 2020
I am sorry. In my above posting, the second sentence may be read as follows:
"To my knowledge, there is no legal provision or proposition that an agreement for sale stands discharged/satisfied on the proposed seller refunds double the amount advanced."
The error has since been corrected. The lapse is regretted.
P. Venu
(Expert) 26 July 2020
Admittedly, you are the one who does not want to keep the promise. There is no point in being judgmental of the buyer.
Rajendra K Goyal
(Expert) 26 July 2020
What was the time given in the agreement for sale?
Whether any date was fixed for registration?
Seller can not unilaterally force the purchaser to release the payment immediately and take the property as you are doing in this case, terms of the agreement need to be referred. If nothing mentioned date of execution of sale deed should be fixed and duly informed to purchaser.
Querist :
Anonymous
(Querist) 26 July 2020
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P. Venu
(Expert) 26 July 2020
The facts as posted are less than convincing.
