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bhanu (engineer)     22 March 2013

AGPA cancellation - legal advice

DearSir/madam, Please suggest me on the below legal issue to proceed. 1) I did AGPA of a openland of mine to a Party X in Nov 2012 and he had provided the 2 post dated cheques of 3 months delayFeb 2013 date and paid partial amount in cash. >Post datedcheques were mentioned In the GPA registration doc.. > Issued Cheques got Bounced when i tried to depositthem and corresponding Bank provided me the 3 MEMOS with Insufficient funds remark. > Now the party is approaching me togive the when i had give an Protest petition to Sub registrar. > As the main purpose of selling my land at cheaper rate is not serverd by the party i want to cancel the GPA and retrurn back the partial amount paid by the party X who is actually a big real estate businessman with stron financial and muscle power > Can you please let me how should i proceed on legal action against the party and get my Land back as per the registered agreement.


Learning

 2 Replies

Advocate Rohit (Advocate)     23 March 2013

kindly provide the copy of the Power of Attorney. need to have a look first bofore giving you any opinion.
 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Advocate Ravinder (Advocate/Attorney)     25 March 2013

 

Once the AGPA deed is registered it cannot be cancelled in the office of sub registrar.  You have to file two cases (1) cancellation of AGPA and another in the civil court (2) cheque bounce case under section 138 NI Act and also cheating in the criminal court. It will take some time.  You can also claim civil damages. While the above cases are pending there are chances that he may come to compromise. 


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