Cancellation of agreement
Jasmeet
(Querist) 05 November 2016
This query is : Resolved
I have entered into an agreement to sell the 50 sq.yards land /plot ..and i have received 1lac as byana amount ..In agreement its mentioned that registration should be completed within 4 months .If in case the second party fails to pay the balance amount on the final date of payment then the byana amount will b treated as forfeited and the agreement shall stand cancelled.. ..! now 4 months passed and the purchaser is not talking to us and also not communicating as well .i want to know the validity of the sale agreement made on 50 rs estamp paper ..and do i have to send any notice of cancellation Or just sit silent beacuse it have a clause that agreement automatically shall stand cancelled if second party fails to pay balance amount within 4 months ...
Guest
(Expert) 05 November 2016
Hi Jasmeet,
By the way how many of such agreements to sell land you have made?
On your profile page, you have entered the same text but with different plot size and Bayana amount, i.e., plot of 100 yds (insted of 50 yds) and bayana of Rs. 2 Lakhs (instead of 1 Lakh), as that states --
"I have entered onto an agreement to sell the 100 sq.yards land /plot and i have recived 2lakh as bayana amount..In agreement its mentioned that registration should be completed within 4 months .If in case the second party fails to pay the balance amount on the final date of payment then the byana amount will b treated as forfeited and the agreement shall stand cancelled.. !now 4 months passed Now the purchaser is not talking to us and also not communicating as well .he send text message on phone that he will pay after 2 months ..no communication again ..i want to know the validity of the sale agreement made on 50 rs stamp paper ..and do i have to send any notice of cancellation? Or jist sit silent? Coz its have a clause agreement automatically shall stand cancelled if second party faila to pay balance amount within 4 months ...I dont know why he send text message on phone and said he will lay money after two months.."
That clearly reveals your query is a hypothetical academnci query, not a real problem.
However, you can feel lucky, as one expert, Shri Kumar Doab, welcomes academic queries to share his knowledge with the querists to solve their academic problems. You may request him, may be by use of PM.
Jasmeet
(Querist) 05 November 2016
Sorry for that respected dhingraji i m new here i thought it is wrong to publish its here of small lnd ..the land deal is of 50 sq yards 🙏🏻..
Kumar Doab
(Expert) 05 November 2016
It is believed that on date fixed in Bayana you did not appear before Registering Authority and buyer was not marked absent.
Approach your own local counsel specializing in revenue/property/civil matters with all docs on record, and your able counsel can update you.
Ignore and avoid good for nothing Faltoo comments.
Post your queries with confidence in future as well.
There are many threads at LCI that are relevant and can be searched in Search option on right hand side of both Experts and Forum section.
Rajendra K Goyal
(Expert) 05 November 2016
Send registered letter informing that the agreement has been cancelled as per terms / clauses for not paying full payment before 4 months.
Guest
(Expert) 05 November 2016
Hope you are satisfied with the response of Shri Kumar Doab. Should your query be taken as resolved, or you intend to treat this post as good for nothing faltoo comments, as per the advice of Mr. Doab?
Kumar Doab
(Expert) 05 November 2016
You may follow the useful advise of expert Mr. Rajendra K Goyal.
Jasmeet
(Querist) 06 November 2016
Thx a lot evry1 for the reply now i just want to know that the advance money given by the purchaser when we enter into an agreement is forfeited? And my agreement got cancelled automatically because purchaser fails to pay balance on given time period? For how much time period this sale agreement is valid made on 50rs estamp paper. Unregistered ..now can i sell this land to another purchaser and enter into an new agreement?
Rajendra K Goyal
(Expert) 06 November 2016
You should inform that agreement is cancelled and advance is forfeited as per agreement.
Guest
(Expert) 06 November 2016
You have already been advised by one expert that "You may follow the useful advise of expert Mr. Rajendra K Goyal. It is not understood, why you are hesitant to follow that?
Your supplementary question has no relevance after that advice.
Dr J C Vashista
(Expert) 07 November 2016
Consult a local lawyer for sending a legal notice for forfeiture of bayana money of Rs. 1 or 2 lakh as the purchaser has failed to perform his contractual obligation.
Guest
(Expert) 07 November 2016
You may follow the advice of Dr. JC Vashista to avoid any dispute for the future.
Guest
(Expert) 07 November 2016
Even if the Agreement is Signed for 4 months Legally Any Sale agreement would be Valid for 3 years and with in that period Buyer/Seller could file a Case.First Serve a notice to him to Make the balance Payment to execute sale deed.Basing on his Reply Serve the Notice for Cancellation of Sale agreement.If it is an Un Registered Sale agreement you are Safe.Better Consult your Local Senior advocate before Implementing my advice.
