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Rasool (IT)     18 March 2010

House agreemnet sale cancellation process

Hi ALl,

I wnated to buy a property and i have entered an agreement with a house seller and now i would like to cancel the agreement since i am unable to pay the remaining amount and also since the land is an revenue site.

But the owner is not agreeing for cancellation.so i would like to know is there any way if i can get my money back paid as advance.

i have not registered the agreement but its done on 100rs stamp paper.also there is no clause mentioned in the agreement saying if its been cancelled the owner should refund the money.

I also learnt that this property cant be registered as confirmed by sub registrar.This requires khata extract from the city municipal corp.since this is a revenue site there is no khata for this.

 

Now can i file the case or send a notice to the seller based on this ground.

And whats the possiblity that i will get back advance my money?

Please do reply ASAP

 

Thanks in advance.



Learning

 8 Replies

Neville Fulwadiwala (CEO)     22 March 2010

Hello,

First of all the full agreement will have to be studied,what is the balance amount that you have not paid to the seller,Was there a time limit for full and final settlement,etc.

Yes ,you can get your money back as you have signed an agreement on a stamp paper which legally binds both parties.For further details you can call me on Mob:9594021119 Mr.Neville

1 Like

Suryanarayana Tangirala (Advocate)     22 March 2010

you can issue a legal notice and seeking  refund of advance consideration paid by you,do need to check any indemnity clause in the agreement of sale.consult a lawyer and proceed further

1 Like

ashok trivedi (advocate)     23 March 2010

as the titel of property is defective because itis on revenue land and cannot be registered . Onthe basis of this you can issue a legal notice to seller cancelling the agreement and refund of your your full cosideration along with interest . If still he does not agree to pay you , a recovery suit may be filed on bass of defective titele. Go ahead and recover your money

                                    Ashok trivedi Advocate mumbai high court

1 Like

Rasool (IT)     24 March 2010

Hello Mr Neville,Mr Ashok,Mr Surya narayana

Thank you very  very much for your advices.

Mr Neville I will call you and have your advice plz guide me.

The sale agreement dosnt inlcude any clause like he has to refund the amount in case if i fail to purchase.

Now i have time upto 22nd may 2010. the owner claims that he will wait till then and rest is lfet to me.

He says after that period my amount is gone . i have alraedy paid 4lakhs as advance.

i am really worried so whats the right to file a case?

 

Thanks & Regards

Rasool

 

Rasool (IT)     24 March 2010

Hello

The balance amount i need to pay is 980000 and the last day is 22nd may 2010.the final settlement should be done on the above date.

So shall i wait till the agreemnet time is completed?whats the right time to file a case?

I tried negotiating but its not usefull. i will try still

but i want to know the legal ways too.

 

Regards

Rasool

ashok trivedi (advocate)     24 March 2010

mr rasool ,

there is no need to pay further and wait fo for date of further payment . Simply issue a legal notice immidiately  infoming that title of property is not marketable and defective , hence treat this deal as cancelled and  claim full refund by issueing legal notice through some local advocate . If party refuses to pay ,file a recovery suit .He is bound to refund your money .But ensure not to make any further payment to him . Ashok trivedi advocate

1 Like

Arati Gawde ( Legal )     09 April 2010

Agree with Adv. Ashok Trivedi

S NAGENDRA PRASAD (SR ASST EDP)     05 April 2012

Dear Sir


We have entered in Sale of Agreement for purchase of a Independent House @ Malkjagiri, as per the Advertisement the house is 100 Sq Yards. But after entering the agreement I was shocked that they specified 74 Sq. Yards and they are telling that remaining 24 Sq. Yards they will do Notary.  Before proceeding we had given an amount of Rs.1,00,000/- and after sale agreement, we had given 2,00,000/-.  As we want to dropout from the sale Agreement.  And I Want to cancell the Sale of Agreement.


And I came to know that the Land Comes in Shikam Sarkar Act throug the Registered Consultants.

Pl let me know the what is the proceedure to get back my amount.


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