For revoking an agreement
Pooja
(Querist) 03 May 2019
This query is : Resolved
We are total 5 siblings A B C D E and total land 25 katha.
Below mentioned sale agreement was done in spt 2018 on Rs20 stamp and has not been registered, between me D and brother E.
But in dec 2018 brother A & B sold more land than their legal share.
We, C D E lodged an FIR against A & B.
As senario has changed, I wanted to revoke/terminate the agreement, but E is forcing me to invoke it, by hook or crook. Thus sent me a notice, which I have pasted.
I WANT TO TERMINATE THIS AGREEMENT. PLEASE HELP.
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Sale agreement
Vendor/ seller : D Vendee/buyer : E
Description of document : agreement for sale of land in favour of Vendee or his nominee in form of registered deed.
Validity period and details : there is no expiry date of this agreement. both parties will make their best efforts to conclude the sale within one year of signing this document. Furthermore, vendor has not signed sale or any other kind of agreement or given power of attorney to any other party as of the signing date and will not sign any sale or other kind of agreement or give power of attorney in future with respect to the land described below.
Price - total of Rs.xx will be paid before registration for entire legal share and that is 20% of vendor or seller of the land described below.
Details of land property - property is located.....
Total land area is xx acres.
Vendor is selling a legal share of 20% of vendor for amount of money mentioned above.
Description- that vendor is a need of money and so is selling all rights of a share of 20% to buyer. and agree for the following besides other points mentioned elsewhere in this sale agreement :
1.after proper measurements of the land and trenching of the boundaries of the land in consideration vendee will pay 10% of total amount and after completion of boundary wall another 40% will be paid.
2.The balance of 50% will be paid before signing of registration deed.
3.Terms and condition legally binding, final and will not be changed and vendor will give registration of a share of land that has not disputes with anyone.
4. The land, vendor is selling is free of any dispute or encumbrances.
5. legal heirs of the vendee will not raise any objection with regards to this sale and sale deed in future.
6. That vendee is free to use the land or sell it to anyone at any time at price determined by him.
7. Both vendor and vendee are signing the sale agreement out of their free will and without any pressure from any source. Signed today on 3-11-2018
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GOT THIS LEGAL NOTICE from E
Dear Mrs D,
This is regarding your intention of not following terms and conditions of legally binding SALE AGREEMENT that was signed by you and myself on 03/11/2018.
The land in the agreement is as follows: Land is located in...
Total land area is xx acres/25 kathas.
In the agreement you promised to sell your entire share that is 20% that equals to xx decimals (xx Acres) or xx katthas for a fixed amount of money as mentioned in agreement either to myself or my nominee.
As mentioned in paragraph iii) on page 3 of the agreement, all the terms and conditions mentioned in the agreement are legally binding, final, and will not be changed either by myself or you.
On the basis of above agreement, I authorized land brokers to find buyers and they brought Mr Y as a buyer and he gave Cheque of Rs xx on your name and I gave that to you. However due to some problems the same amount of money was sent by Mr.Y by RTGS using his cheque no xxxxx, on 16/1/2019.
You have been dragging your feet since receiving the money and have not registered part of land to him according to terms and conditions mentioned in the SALE AGREEMENT signed by both of us.
I request you to fully honour all the terms and conditions of our agreement and register the land to my nominee Mr Y as soon as possible.
Also please do not try to sell any part of the land mentioned in our agreement directly to anyone as that will be breach of trust as well as criminal breach of our legally binding agreement and that will force me to take legal action(s) against you including initiating criminal case(s) and/or police case(s).
Also please do not try to take any government compensation if part of that land is/was acquired by the government as you promised to sell xx decimals (entire 20% of your share) of land. So any payment should be received by myself and it will be distributed to you according to terms and conditions and total payment that was promised by me.
Any breach of terms and conditions of the SALE AGREEMENT signed by both of us from your side will result in severe financial losses as well as defamations to me and therefore will force me to take strongest legal action possible including criminal court and/or police case(s) against you and any other persons involved in assisting you with criminal breach of trust, criminal breach of legally binding sale agreement as well as for my defamations.
Sincerely - E
Dr J C Vashista
(Expert) 04 May 2019
Be brief and specific.
It would be advisable to seek professional services of a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
P. Venu
(Expert) 04 May 2019
Has the property been partitioned? Is the sale deed (by A & B) registered? Any how, no criminal action lies in a civil dispute.
