Dear Sir,
An agreement to sell was executed by me and a buyer with a specific performance clause. A specific sum was paid at the time of execution of the agreement top sell. Even after 3 months the buyer did not make any effort to buy. His cheques also was returned for want of sufficient funds. An Earnest Money Deposit [EMD} was collected specifying that the same will be forfeited in case of default.
After delaying for long, over 10 months, the buyer, recently declared on a Rs 20/- non-judicial stamp paper, that the vendor is free to terminate the agreement unilaterally in the event of him not honouring the final revised date given.
A legal notice was served on him, enclosing cheques for the amount received less EMD collected. The notice has been returned by the posal authorities endorsing 'left".
Can you please advise me
1. what should I do, if he again refuses to accept the legal notice?
2. can I unilaterally treat the agreement as cancelled, since he has himself given a solemn declaration
that I can cancel the agreement if the date is not honoured?
3. am I free to sell the property to any other person, or should I filke a case?
Thanking you,
Yours sincerely,
[TM Premkumar]
