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Jayanti Devi (Student)     21 January 2025

Cancellation of flat sale agreement

Buyer has paid advance for flat and executed sale agreement and paid some more amount.

now , buyer has stated personal reasons and decided to quit as per exit clause in agreement and sent cancellation notice.

seller has replied and agreed to refund without any timeframe and is actually indefinitely delaying refund.

buyer is planning to file money suit for recovery...

question is

a) how many hearings  court takes to pass order on money suit?

b) can money suit be delayed indefinitely for 15-20  years ?

c) does court have any standard process and checklist for decision making?

d) How much time court can provide the seller for refund ? 

e) can court force seller for refund or seller can take indefinite time for refund?

 

 



 4 Replies

Dr. J C Vashista (Advocate )     21 January 2025

Q a) how many hearings  court takes to pass order on money suit?

A. Indefinite.

Q b) can money suit be delayed indefinitely for 15-20  years ?

A. It differs from case to case.

Q c) does court have any standard process and checklist for decision making?

A. It is governed by Code of Civil Procedure, 1908

Q d) How much time court can provide the seller for refund ? 

A. Same question and answer as question a) hereinabove

Q e) can court force seller for refund or seller can take indefinite time for refund?  

A. Vague Question

T. Kalaiselvan, Advocate (Advocate)     21 January 2025

The time taken for disposal of money recovery suit cannot be predicted owing to various factors involved in it. 

However it is expected to be disposed within one or two years. 

If the plaintiff proves his case then the court will pass judgment accordingly. 

If you have clinching and substantial evidence you can file a summary suit for recovery which is fastest way to get remedy. 

You can discuss with your advocate and proceed as suggested 

P. Venu (Advocate)     21 January 2025

Is this a moot court question. Your own research would be make you wiser.

Shashi Dhara   22 January 2025

Have you registerd sale agreement, if not you have to pay duty penalty, contact local civil advocate.


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