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BHUSHAN ASHOK VAIDYA   14 October 2016

Cancellation of registerd agreement of sale of a flat

I have entered into an Agreement of Sale for sale of my flat with one buyer.  Buyer has paid the advance amt and the balance amount is to be paid by the buyer through bank loan within 60days of receipt of original documents for bank loan. Cancellation clause has been mentioned in the agreement for non payment within 60 days at the cost of the buyer.

The agreement of sale registerd by the buyer and we have handed over all the original documents to him for the purpose of bank loan on the bais of loan sanction letter issued by the bank.

Now after 60 days, buyer has not paid the full amount and still hasn't submitted our original documents to the bank and intentionaly extending the time by demanding some more documents which are not required by the bank loan

We have asked the buyer to cancel the agreement for sale and return our original documents and take is full advance money back. But the buyer is not ready for it. 

What is the solution for this to get our original documents back and cancel the agreement.

Can we file a police complaint against the buyer for not giving our original documents back ever after sending him written communication to make a cacellation deed and take his full advance payment back against our docs.

Is the cancellation deed required for registerd agreeement for sale.

 

 



Learning

 4 Replies

Kishor Mehta (CEO)     14 October 2016

Sir,

The terms, conditions and covenants of the registered agreement for sale have a decisive role to play. It will be in your interest to appoint an advocate at the earliest.

Good Luck,

Kishor Mehta

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 October 2016

Sir, File a police complaint as soon as possible to protect any misuse of the documents ..... Check with the bank whether he is actually processing any loan or he has some other intention to use the original documents .... Warm Regards Kapil Chandna Advocate 9899011450

BHUSHAN ASHOK VAIDYA   15 October 2016

Thanks a lot Kapilji.   Is the cancellation deed required for Registered Agreement for Sale if the transaction is not complete.

Kishor Mehta (CEO)     15 October 2016

Sir,

A registered document can not be cancelled either unilaterally or with the consent of the concerned parties, Either a cancellation document has to be executed and registered or the order of a Court of Law has to be obtained for its cancellation.

Even if there is a cancellation clause in the registered document, it does not come into effect automatically.

Please contact an advocate instead of wasting time.

Good Luck,

Kishor Mehta


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