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Cancellation of property sale agreement


08-Feb-2023 (In Property Law)
Sale agreement signed in dec 2018 for our share in property and took advance. Balance payment was to be paid within 6 months which was not paid till date Is it true that the validity of the sale agreement is for 3 years. Can we cancel the agreement by returning his advance and after 3 years is the advance forfeited
Answers (8)

Answer #1
938 votes
hello client hru as i can see that you havr taken 50 percent advance but balance amount as you tried to reminder also but no reply for in this case i have to go through all the documents to understand the agreement between both party then only i can advice you the currect advice
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Answer #2
595 votes
Your agreement must have the clause of probation period, I.e till what time do they need to pay the entire sum.

If there’s no such clause, you can forfeit the agreement, you don’t have to return money and send them a notice of revocation
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Answer #3
724 votes
Hello, i have perused your query. In these circumstances you have an option of instituting a declaration suit in a civil court of law.

Here you can pray for the relief of declaring the said agreement as null and void on the account of non performance of the agreement.

For any further assistance feel free to reach out to us.
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Answer #4
732 votes
No the validity is not for a period of 3 years. It depends upon the terms of the sale agreement executed between the parties only. Perusal of the agreement is required to arrive at an appropriate conclusion. Forfeit of earnest money depends upon the specific clause
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Answer #5
541 votes
Sometimes things are not very clear in a single question. In order to provide you the right advice we need to examine the agreement first. You may meet us in person to discuss your legal issue.
Brij Mohan (Adv.)
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Answer #6
935 votes
Good afternoon sir / madam

I have perused your query and understand that you need some legal advice. I will need some more details from your end to provide you a more comprehensive legal advice.

Regards
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Answer #7
870 votes
You can issue him a legal notice regarding the payment of the balance payment and in that legal notice only you can mention the increment of 2 crores as mentioned by you. For more legal assistance I am just a call away.
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Answer #8
635 votes
hello client as i can see your issue iss really a genine . as you are saying tht you have took advance and 3 years has passed and no balance payment has been made till now in tht case yes you should cancel this agreement but it need cancellation through court as the legal complication to be avoided to be on the safe side we need to for through your full documentation for guiding you properly.
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