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New_To_Law (Engineer)     31 May 2011

How to cancel a Regsitered Sale Agreement?

I did a registered sale agreement with 2 months (verbally buyer committed for 1 month) time limit and penalty clause of forfeiting the advance amount. After the 1 month verbal commitment period got over he started dragging the dates (same old story). The 2 months period will end in 1week. It seems he is no mood to pay by the time line of 2months.

As per the advice provided on this forum:

 

Either I have to ask him for registered cancellation of agreement?

 

Or\ If he denies for the above I have to send him a Legal notice thru my lawyer (via registered post) and provide him 15 days time to pay. And after 15 days the agreement stands null and void

 

1.    Do I need to inform this notice to the agreement authority (Registrar) where my agreement is registered. Or take any other action with him?

2.    After 15 days notice, can enter in to a fresh agreement with a new buyer?

3.    During 15 day notice or after that, what if the current buyer challenges me in court of law that he was ready with payment and we did not responded? What made up proofs he can use (I hate these tactics) to do so?

4.    I have been reminding the current buyer of payments by calling his mobile, should I send him a formal payment reminder? If yes what it should be: a Telegram, A normal letter by registered post or a notice by lawyer?



Learning

 3 Replies

prabhakar singh (advocate)     01 June 2011

TAKE THE COUNT OF LAST DAY, START GOING SUBREGISTRAR OFFICE DAILY ON LAST THREE DAYS AND PROCURE YOUR ATTENDANCE FROM REGISTRAR WHICH IS ISSUED AGAINST FEES, THEN SERVE THE NOTICE ON HIM THAT YOU HAVE  ALWAYS  BEEN READY AND WILLING TO PERFORM YOUR PART OF CONTRACT AND WERE PRESENT ON SUBREJISTRAR OFFICE AS PER PROMISES MADE BUT HE DID NOT TURN UP THERE FOR HIS DEFAULT CONTRACT(sale agreement) HAS FALLEN NOW AND EARNEST STANDS FORFEITED.AND THAT YOU ARE FREE TO DISPOSE OF YOUR PROPERTY THE WAY YOU WANT IN FUTURE.

New_To_Law (Engineer)     01 June 2011

Thanks Prabhakar Sir,

For 3 days its abit late and as the issue is in other city I will be able to reach only on the final day.

1. Is it OK that i register my attendence on the last day only. Or may be the last day and till 2 days after it? Or can i send my representative to register my attendence for last but 2 days and I'll be present on the last day?

2. After serving 15 day notice and waiting for 15 days, do i need to visit inform registrar to cancel my registered Sale Agreement? Otherwise any new buyer that i'll get will question about the previous sale agreement (and will doubt its cancellation)

Thanks

prabhakar singh (advocate)     02 June 2011

OKAY!EVEN FINAL DAY WILL DO.BUT MAKE NO PRESENCE THEREAFTER AS IT WOULD IPSO FACTO EXTEND THE TIME FIXED IN CONTYACT SO YOU WILL BE HARMING TO YOUR OWN INTEREST BY YOUR OWN DOING.3DAYS PRESENCE IS NOT A RULE. HOW EVER I ADVISED SO THAT MAY SHOW IF THE CASE GOES BEFORE COURT THAT YOUR PROSPECTIVE BUYER SUCESSIVELY FIXED3DAYS TO GET EXECUTED THE SALE BY PAYING YOU THE BALANCE MONEY BEFORE SUB REGISTRAR AND YOU ON YOUR PART EVER READY AND WILLING TO PERFORM YOUR PART OF CONTRACT PUT YOUR PERSONAL APPEARENCE BEFORE SUB REGISTRAR BUT HE HIMSELF DID NOT TURNUP. if this appearance is simply for one day that being the last day it does not make any difference,you can prove the same thing even by lastday appearence.                                                               BUT if you decide to appear on the last day as well as on subsequent days,it will go against you to show by your own conduct that you agreeed to extend the TIME STIPULATED IN AGREEMENT. SOmake your presence only on LAST DAY ALONE.there after serve him a registered notice a/d,stating that TIME FIXED IN THE CONTRACT WAS "ESSENCE"OF THE CONTRACT AND YOU WERE ALWAYS "ready and willing"to perform your part of contract and was present before sub registrar to execute the desired sale deed as per time and directions given by your prospective buyer but since he did not turn up on his failure the contract has fallen through and earnest stands forfieted.


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