How to cancel a agreement of sale.
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
Sir,
1) My father got a piece of plot from his father by way of gift deed.
2) My father without our (myself and brother and married sister, all are majors) knowledge made an agreement of sale to his brother for selling the said plot to him. The agreement of sale (not registered) is written on a Rs.100 stamp paper simply containing that my father selling the said plot to his brother for a sum of “x’” rupees and my father is in receipt of “x” rupees as an advance and the balance amount will be paid to my father within one month for registration of the said plot.
3) When we (myself , my brother and sister) heard about the said agreement we made a news paper public notice through advocate stating that the said plot my father got from his father and we, the children are also having the rights on the said plot and if anybody purchase the said plot without our consent, it is legally not valid and will not made responsible us and also served a notice to our uncle (my father’s brother) stating the same.
4) After that we convinced our father not to sell the said plot and my father has agreed for that.
5) But the problem is that our uncle is not agreeing to cancel the above said agreement of sale even if we pay the advance along with interest taken by my father from him for selling the plot.
7) Now, almost three months over my uncle has not paid the balance amount to my father which he is supposed to pay within one month from the date of agreement of sale.
8) In view of the above, our MAIN query is that, is there anyway to my father to get cancel the agreement of sale made by him to his brother since his brother failed to pay the balance amount to him within the stipulated one month time as mentioned in their agreement of sale. Also is there any option available to my uncle with the pre-text of our notice he can say in the Hon'ble court that because of our notice he has not paid the balance amount to my father for registration of the plot.
I once again request u to clarify is there any way to my father to get cancel the agreement of sale made by him to his brother. With regards.
Raj Kumar Makkad
(Expert) 19 January 2012
Your father is exclusive owner of the mentioned plot by way of gift deed (again read this gift deed word) hence none of you have share therein as this is self acquired property of your father.
Thus the drama, you all did was neither warranted nor has its any legal value. Your uncle being real brother of your father is also having knowledge that the plot is not ancestral rather is self acquired.
As per term of the contract, your uncle was required to pay the balance amount prior to getting registered sale deed so your father may serve a legal notice to him intimating cancellation of the so-called contract due to his non-adhering to the terms of the agreement.
Querist :
Anonymous
(Querist) 19 January 2012
Sir, My uncle cheated my father by purchasing the said plot far below the market rate. When I contacted a lawyer in Hyderbad, he said since u people served a notice to ur uncle he can say in the Hon'ble Court, because of our notice he took time for legal opinion and other things and could not pay the balance amount within the time. Is it standable ?
Querist :
Anonymous
(Querist) 19 January 2012
one more pointto be added to above query that my uncle has replied to our notice stating that the i have full knowledge that the said plot is gift deed plot to my father and he believes that my father is absolutely owner of the said plot that'swhy he made the agreement of sale without our consent. But he has not paid the balance amount within one month as per the agreement of sale niether served any notice.
Querist :
Anonymous
(Querist) 19 January 2012
niether served any notice to my father.
Raj Kumar Makkad
(Expert) 19 January 2012
As advised on phone, your father should keep quite and should wait from the side of your uncle. If you want to sale it now, do it prior to receipt of any notice from the court etc. so that the matter may be got ended for ever.
Querist :
Anonymous
(Querist) 24 January 2012
any further suggestions please
