Can sale of land be stopped after permission?
ashit
(Querist) 08 December 2012
This query is : Resolved
This is to inform you that I have taken advance by signing an agreement for selling 1 katha 5 lechha of land. But now I want to sell whole land to the purchaser, he is denying to purchase whole land. Land sale permission is within the hand of land broker who is supporting the purchaser.
I want to stop the sale proceeds of part of land which I have agrred earler. I want to sell whole land with the same purchaser.
Can I stop the sale proceeds and to return the advance money to the purchaser.
Kindly advise me
ajay sethi
(Expert) 08 December 2012
what are the clauses of your agreement with the purchaser . if your agreement mentions only 1 khatha 5 leccha of land you cnat force purchaser to purchase whole plot of land owned by you . if purchaser is willing to make balance payment you cant cancel the agreement as per your whim and fancies .
only if purchaser is willing to accept refund can you cancel the agreement . other wise be ready for long legal battle ahead
Raj Kumar Makkad
(Expert) 08 December 2012
Generally a term is found mentioned in the agreement that the seller shall be bound to get register the sale deed on or before the prescribed date either in the name of the purchaser or in the name of person told by him so it is better to minutely read the clauses of the agreement and find the contrary provision.
You can take a plea that the land cannot be sold in plots as DTA has imposed restrictions to sale the property below 1000 Sq. yards if the same is situated near a city otherwise also your agreement is for the whole land and you don't deny to sale in one go.
