Cancellation land sale registration
Bibhuti Panda
(Querist) 27 September 2013
This query is : Resolved
Cancellation Land Sale registration-
Mo mother made an agreement with a builder to sale property at 1.2 Cr. On paper it was decided that Builder will pay 70 Lac by Cash & 50 Lac by registering same amount of land on my mother's name. Agreement advance paid by cheque was 24 Lac. Agreement timeline was 90 days. If Builder fails to pay the rest of the maount, his 24 lacs will be cancelled. If mother fails to register, she will pay 48 Lacs.
After 30 days, builder registered 35 Lacs of property on mother's name. Then he was silent for a long time. After 9 month, mother served a notice to builder for cancelling the agreement if not responded within 30 days. There was no reponse. So after 18 month, She served another notice mentioning previous notice and to respond within 15 days. Fail to which subject agreemnt will be cancelled. Still there was no respnse.
Now after 2.5 years, the builder wants to discuss about the property. He has also threatened her that he will buy the land through magistrate power. According to him he has paid all the amount.
Any suitable solution on this case? Mother was holding power of attroney during agreement. Now the power of attroney is cancelled.
Isaac Gabriel
(Expert) 28 September 2013
In case the above stated facts are supported by documents,you can contest the case if filed by the builder.
Raj Kumar Makkad
(Expert) 28 September 2013
If the earnest money as per the agreement has been paid and the date of registration not expired then builder can demand its registration in his name otherwise he has not chance and you need to defend the case.
