Validity - multiple agreement between same parties

No reply to anomous querry.

@ Querist,

 

The query by anonymous author is discouraged.

 

I can see the querist's name as Kumaar S R.

Yes.i have also seen the queriest name as Kumar S.R.  so reply is

that the VENDORS hereby declare that, they have not entered into any agreement of sale in respect of SCHEDULE PROPERTY with anyone other than the present PURCHASER, earlier to this agreement and this agreement supersedes all earlier understandings, if any, relating to the sale of SCHEDULE PROPERTY and shall be fully binding on the parties hereto.  so the 2nd agreement supersedes the 1st agrmt and the 2nd one is valid.  you have mentioned the time in it and after lapse of the time you can.  yours sisters are also legal heirs and they have given POA.  so you have to sign on behalf of them.   approach a well exeperienced lawyer of your area and take his advise and file a case.  

every contract must be done with free consent of parties. in this case your sisters have given you GPA. you have signed in your personal capacity but not on behalf of your sisters. so consent of your sisters who are necessary parties is lacking. there is no contract in my opinion. as far as his money is concerned, you may have to return it as he has paid it under mistake of fact that there exists a contract. engage an able counsel and show all documents for a considered opinion and decide a way ahead accordingly.

As advised, first issue legal notice for specific performance and wait for vendor's view point.

The querist changed identitiy from 'Anonymous' from 'Kumaar S R'.

The query has adequately been replied.

 

If you had a valid POA from your sisters and the opposite party knew of the same, then it does not matter even if you have signedonly once and your sisters' signatures are missing. The agreement remains valid.

The second agreement (which supercedes the first agreement) shall be valid. The Agreement shall be valid even after the final payment date of 05 Jun 2016, unless you specifically cancel it by sending the opposite party a notice in writing, clearly stating that since they have failed to perform their part of the Agreement, the agreement is deemed to be cancelled. Send a cheque refunding their advance, along with the notice. You can deduct a reasonable amount from the advance for distress, e.g. 1-2% of the total sales amount.

Thank you all for your suggestions:

It would be of great help and homework for me if the below doubts are cleared before I go to a legal counsel:

I have read many posts asking to send notice for Specific Performance, which I assume is like asking him to pay me money and get the property transferred.

Now, if I do NOT want to continue with the agreement and cancel the agreement, can I just send a cancellation letter/notice through a counsel (or myself) with a cheque favoring in his name.

Is performing the above step enough for cancelling the agreement?

Can I go ahead and get into another agreement from another party before/after taking the above step.

Thanks

If you send a written notice cancelling the agreement, along with the cheque, and the cheque is enacashed by the opposite party, then the agreement is automatically cancelled.

If you don't hear from the opposite party in a reasonable time (~4-6 weeks) after your notice, then also the agreement can be assumed to be cancelled.

However, if the opposite party contests the cancellation notice legally, then the courts shall have to decide.

If you send a written notice cancelling the agreement, along with the cheque, and the cheque is enacashed by the opposite party, then the agreement is automatically cancelled.

 

If you don't hear from the opposite party in a reasonable time (~4-6 weeks) after your notice, then also the agreement can be assumed to be cancelled.

However, if the opposite party contests the cancellation notice legally, then the courts shall have to decide.