Resell flat agreement need to be cancelled

Querist : Anonymous (Querist) 30 July 2024 This query is : Resolved
Hi Sir/Madam,
I have done the registration in the month of March 24 and as per the agreement I had to pay the full and final amount within 180 days of the agreement and it's paid this month on 22Jul.
After the verbal discussion with the saller for the bank loan I have executed the agreement of 48L so where the deal was for 45L now bank have paid the balance 43L to saller and he was supposed to give me 3L back to Clear my personal loan I took for the initial payment of this property.
Now he deducted the 15K from 3L. Now he is not giving me the 50% of society transfer noc amount I trusted that person as he is our neighbour from last 15 years so as per verbal discussion he asked me to pay for noc charges now and told he will give me afterwards and now he is not giving me the possession. We asked for the rent he is not ready pay so and as per the agreement which clearly states that till the time of possession property tax payment or all other dues to be cleared by the saller. He is not ready to pay the tax amount as well now.
On basis of this can you please suggest what legal steps should I take to get my amount and possession.
If I would like to cancel can I get this deal cancel and ask for the full amount with compensation.
Thankyou
Dhimant Dave

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T. Kalaiselvan, Advocate (Expert) 31 July 2024
Once you got the sale deed registered on your name you canot cancel the same unilaterally.
The builder has to cooperate to execute the cancellation deed
You can issue a legal notice to the seller to deliver possession and to pay the rent till he delivers possession after which you can escalate the matter through court if the legal notice fails to invoke proper response

Querist : Anonymous (Querist) 31 July 2024
Okay thanks, but what about the pending amount which needs to be recovered can I add that in legal notice

T. Kalaiselvan, Advocate (Expert) 06 August 2024
You can very well demand the amount due to you from the builder in the legal notice that you propose to issue/serve on him.

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