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Raja (business)     12 December 2008

Cancellation of irrevocable A GPA

Hai Everybody

Can anyone please suggest how to cancel an irrevocable Agreement of sale cum GPA . does AGPA has certain period of validity . I have registered my property in 2006 but as i not recieved my payments and the agreement holder is also not responding to your calls . can i go for cancellation. or  Please Suggest any Remdy ?


 3 Replies

P.Elamaran (Law Officer in a CPSU)     13 December 2008

Hi Mr Raja


If you have received some advance amount of sale consideration from the proposed buyer under the agreement to sell , you can make out case for filing a suit for specific performance of contract. Further, if you had registered the agreement to sell as mandated u/s 17(1)A  of Registration Act,1908, your rights under the agreement to sell would have been well protected u/s 53A of Transfer of Property Act. I think you can file a suit for specific performance of the contract. However, I am baffeled to understand the concept of Agreement of Sale cum GPA . Can there be document like that?

sanjeev murthy desai (Advocate)     03 January 2009

I agree with Mr. P. Elamaran


sanjeev desai

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009


I also do  agree with Mr. P. Elamaran




 


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