Cancellation

Querist : Anonymous (Querist) 06 August 2011 This query is : Resolved
An Agreement between the Promoter & Flat Purchaser is executed and registered. But the Flat Purchaser has not paid the installments as per the agreement. The Promoter has cancelled the said agreement by giving 15 days notice in writing. Purchase is not ready to execute and register the cancellation deed. What are the remedies available for the Promoter?
After cancellation of the said agreement by notice, whether the declaration for cancellation is required from the court?

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Advocate Rajkumarlaxman (Expert) 06 August 2011
Once he cancels and if required the cancellation can be done by givinga notice in newspaper also. he has already sent notice hence the legal aspect is completed and hence the agreement is cancelled. but what were the terms of agreement and why is it canclled is also an issue and the terms therein have not been complied itself indicates the cancellation and execution of the agreement.

Raj Kumar Makkad (Expert) 07 August 2011
I second the opinion of rajkumarlaxman.

Ajay Bansal (Expert) 08 August 2011
Agreed with aforesaid views.

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