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Notice to cancel sale agreement or bayana agreement

(Querist) 21 November 2016 This query is : Resolved 
I paid bayana money of Rs 3.5 lakh to the seller but on a condition that if because of any problem in papers the bank denied my loan i will get bayana money back .

I paid Rs 50,000 cash in first meeting and 3 lakh via cheque when we signed the sale agreement . at first the agreement was on normal slip with a postal stamp on it .

Later actual agreement was signed on Rs 100 non judicial stamp paper stating only cheque payment no mention of cash . With 30 November as last date of agreement to be valid for both. Dealer told me that cash cannot be mentioned on the agreement.


Now Seller is not able to provide a document related to flat and i have to send him a notice .

So here is the actual question :

- The agreement will expire in a week and even if he provide me the document i cannot apply for loan again as it will take time. So i want to tell him that the deal is cancelled and please return my money back (earnest money) on or before 30 Nov . Or shall i give him more time ? How much ? to return my money.

- Should i mention about amount mentioned only on agreement , that was 3 lakh or mention about cash as well ?

- Can i add something like if money is paid after the last date (30 Nov) then he is has to pay interest of 9% P.A from the date at which he received the money from us.
Or can i mention 9% p.a interest on time taken after 30 november ?
Kumar Doab (Expert) 22 November 2016
Is it the same query that you have posted at:


http://www.lawyersclubindia.com/experts/Bayana-paid-property-papers-issue--623516.asp
Kumar Doab (Expert) 22 November 2016
Pls continue in previous thread and don't repeat.
Rajendra K Goyal (Expert) 22 November 2016
No reply if query repeated.
Sankaranarayanan (Expert) 22 November 2016
I do stand with experts. repeated query will not entertained
Rajendra K Goyal (Expert) 26 November 2016
Why to repeat?

If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.


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