Sale agreement
Rama Krishna Rao
(Querist) 20 December 2011
This query is : Resolved
I entered into a sale agreemnet in feb 2011 with a deadline of june and purchaser has not returned and when asking him he said that he register my house by paying the amouunt including intrest, but i cannot wait as i need to fulfill my personel commitment (i also informed the commitments to purchaser), i want sell my property to any other party can i do that? does the agreement is still alive or void?
ram
ajay sethi
(Expert) 20 December 2011
it would depend upon the terms of agreement . what is provision if purchaser fails to make payment within stipulated period? is there any clause for interest?
consult a local lawyer
Shastri J.K.
(Expert) 20 December 2011
Yes,I agree with mr.ajay sethi.
u can do that, agreement is not void but voidable..
adv. rajeev ( rajoo )
(Expert) 20 December 2011
You can cancel the agreement of sale by issuing notice stating that because of breach of agreement sale of agreement is cancelled.
Nadeem Qureshi
(Expert) 20 December 2011
i agree with Mr. Rajoo.
send a legal notice through an advocate & cancel the agreement
Devajyoti Barman
(Expert) 20 December 2011
If the time mentioned in the agreement has expired then by sending an advocate's notice, cancel the agreement and enter into a fresh deal with any one you wish.
Raj Kumar Makkad
(Expert) 20 December 2011
It was necessary on your part to get your presence marked before the registrar on the fixed date of execution and registration of sale deed by way of your affidavit and to issue a legal notice to the buyer to the effect that you were present on the prescribed day of sale deed execution and registration along-with all desired documents in original and thus was willing and ready to sale whereas the buyer had not appeared hence the agreement is cancelled.
As you have not done as on date so it is better for you to first send him a letter and fix a particular date for the purpose of registration of sale deed and adopt the aforesaid procedure and then move ahead otherwise you shall have to face civil suit for specific performance which may go against you.
prabhakar singh
(Expert) 21 December 2011
I ENTIRELY AGREE WITH MR. raj kumar makkad as that is the only correct approach to legally meet the problem.
So first give him a registered a/d notice fixing a date of registration and asking him to come to sub registrar office with balance sale money failing which the agreement shall stand cancelled.
Thereafter You your self be present before sub registrar on fixed date and get your presence marked before sub registrar office and take a certificate of your presence from sub registrar[nominal charges apply]only then his failure to attend the date fixed for registration shall show that he is not ready and willing to perform his part of contract and the agreement shall be deemed to have been legally and rightly cancelled by you by the notice already sent and served upon him by registered a/d.
Any thing done less than it may drag you in undesired
litigation where your rights would be in peril.But doing this your chances shall be always bright.
Jagadeesh Kumar V
(Expert) 21 December 2011
You can issue legal notice to your purchaser through advocate. if he fails to got registered the house the agreement stands cancel. after that you can sell the property to some other person. but it is all depend upon the terms and condition of your agreement.
Rama Krishna Rao
(Querist) 22 December 2011
Thanks for the all replies given, i request you to just tell me what would be exact maximum time for a sale agreement to be cancled by default.
Sailesh Kumar Shah
(Expert) 27 December 2011
what do you mean by "what would be exact maximum time for a sale agreement to be cancled by default"?????
