Breach of Sale Agreement
Abdul Latheef
(Querist) 02 August 2010
This query is : Resolved
Dear Sir/Madam,
My mother has entered into a sale agreement on 08.05.2010 on Rs. 20 Stamp Paper with an buyer. The validity of the sale agreement is three months period was agreed mutually by both of us. The extent area of the land 2.33 acres of agricultural land. The property is in Papanasam, Thanjavur District, Tamil Nadu , India.
The one third of the amount has been received as advance, on that 1/3rd amount 20% has been received as cheque and balance 80% as cash.
Now the buyer is playing his card to drag the period to settle the balance amount stating that our sale agreement has valid for 3years and can't cancel the same and seeking more time to settling the balance due amount.
Only remaining seven days left for settling the balance amount. What is to be done legally to recover the balance amount or make the agreement null and void. The possession of the property is with us. Kindly advice us at the earliest to do the needful, Please respond urgently as we have very less time also the agreement lapse date is 08.08.2010.
Regards,
Abdul Latheef.
09894248587
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Dear Sir/Madam,
Thanks for your valuable suggestions , Please advice me whether the legal notice from lawyer alone is sufficient else the bankers cheque / DD photo copy of the advance amount also mandatorily accompanied along with the legal notice.
Regards,
Abdul Latheef.
09894248587
Adv Archana Deshmukh
(Expert) 02 August 2010
Give him a legal notice through an advocate calling upon him to pay the balance amount and get the sale deed executed else the agreement shall stand cancelled.
Y V Vishweshwar Rao
(Expert) 02 August 2010
I do agree with the Adv archana
You have to demand the purchaser to comply his performance by paying the balace amount to you , in default he can not ask for the specific performance of sale agreemtn & for Regd Sale deed Etc .Issue Noice demadning the balace amount and payment with in time and declare that in default the Agreement stands cancelled !
s.subramanian
(Expert) 02 August 2010
i agre with Madam Archana and Mr.Rao and would like to add the following:- you set out clearly in the legal notice that time is intended to be the essence of the said sale agreement and the same is not extendable on any ground and for any reason.
Rajeev kulshreshtha
(Expert) 02 August 2010
The legal notice is sufficient.there is no need to accompanied any thing with it but if you want you can send the copy of sale agreement.
Abdul Latheef
(Querist) 05 August 2010
Dear Sir/Madam,
Thanks for your valuable suggestions , he has not received the notice from me seems to be wantedly delaying it.
He is a local councilor of Municipality. Shall i serve him a notice via telegraph or make a paper publication to get the sale deed executed else the agreement shall stand cancelled.
Regards,
Abdul Latheef.
09894248587
M/s. Y-not legal services
(Expert) 05 December 2010
Dear abdul, send a legal notice to the buyer to calling upon to settle the balance consideration.. You have to give another 15 days from the date of receipt of the notice.. Then automatically the sale agreement wil expired..
M/s. Y-not legal services
(Expert) 05 December 2010
One more thing you send your legal notice as registered post. Then notice only enough. No need to be send dd.
