sudha sugathan (Proprietor) 07 November 2013

Cancellation of sale agreement

I entered into a sale agreement with a party for selling out my flat in Pune, Maharashtra in a total consideration of Rs. 27 lacs. Party has given Rs. 5 lac as advance and registered the sale agreement and the balance payment scheduled within one month. Now 2.5 months crossed after the expiry of the time period. The party is not paying the balance amount and he is not co-operating for making a cancellation deal. Kindly advice how can I convince the registrar that the final payment is not made by the party and what is the lawful way to get the deal cancelled.

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T. Kalaiselvan, Advocate (Advocate) 08 November 2013

If the time is essence of the contract, you may issue a legal notice to the buyer stating that as per agreement he failed to perform his part of the contract by paying the balance of sale consideration amount and register the sale deed at his expenses hence the agreement is cancelled and the advance paid in this regard stands forfeited. If he has not replied to your notice, you may go for cancellation of the sale agreement as per law.

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sudha sugathan (Proprietor) 24 November 2013

Sir,

What is procedure of the cancellation of a registered sale agreement of a flat in Maharashtra, if the buyer is not performing his part as per the agreement and if he is not co operating to make a cancellation deal.

Somebody told me that to send a registered letter to the buyer by asking to be present in the SRO in a particular day and advertise the copy of the same letter in the local news paper with a notice time of 15 days and if he is not attending also the cancellation deed can be made exparty.

Is it a correct way? Please inform