Cancellation of Sale Agreement

Question

Cancellation of Sale Agreement

22-Aug-2023 (In Property Law)

Sir i had signed a Sale Agreement of Rs. 50 Stamp paper on Feb. 2019 of my dda flat allotted ews category. The deal is final of Rs. 3 Lac of premium of this flat. I received Rs. 1.5 Lac as advance and rest on the possession. The flat cost will be paid by buyer on November 2019, this is the last date of payment. Now i am facing the problem that my family members does not agree to sell the flat. i am mentally depressed. I want to cancel this agreement. please guide me how to cancel this. one more thing that last column in the agreement written that this Agreement of Sell and Purchase is irrevocable. Please guide me how to cancel this agreement. I am not able to sell this flat because i have very much family pressure.

Answers (11)

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All Answers

Advocate Goturu Krishna Rao LawRato · Accepted Answer · 2018-10-29T22:20:37+05:30

If it your own property you need not fear and it is your will to sell to anybody. If really your neighbour relative are interested to purchase the property you can sell the same according to your wish as per sale consideration. If they object, you can approach the Court of Law to sell your property. They have no right to object.

Advocate Anubhav Kathuria LawRato · Accepted Answer · 2019-08-22T12:51:21+05:30

I have perused your query and would advise you to issue a notice terminating the agreement to sell enunciating the facts and reasons for the same . Do share the copy of the agreement to sell to enable us to advise you accordingly.

Advocate Vishwanath Pratap Singh LawRato · Accepted Answer · 2019-08-22T14:13:58+05:30

hello client
as you wanted to cancel the aggrement in that case you have to bear thelosses but of in the agreement some loopholes are there then cancellation is possible without your loss .but for tht we need to go through the agreement which you have done .so i am able to manage the things as per ur requirement.

Advocate Love Kumar Soni LawRato · Accepted Answer · 2019-08-23T12:17:52+05:30

Hello Sir, I have perused your query. In these circumstances you have an option to file a suit for deceleration / cancellation of any sale agreement or deed. This can only be done on providing the valid grounds for demanding such cancellation. The intention to do the agreement will be looked into by a civil court of law if you approach them to cancel the same. However if grounds are found viable the it can be done.

For further information feel free to contact me

Advocate Ayantika Mondal LawRato · Accepted Answer · 2021-08-05T18:59:27+05:30

The cancellation of sale deed is mentioned under Section 31-33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Partial Cancellation of deed can be done, when the deed has the clear sign of partiality or when it is evident that different people mentioned in document have different rights or obligations, the court may partially cancel it and agree to let it stand for the residue. Required conditions is the deed must be void or avoidable against them, A reasonable apprehension regarding severe injury for the plantiff, The case is fit for the court to make a verdict.

Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2021-08-06T12:54:29+05:30

if you once made a sale agreement mister the other party voluntarily does not agree to come cancellation then it should be e cancelled by issuing him written notice. meanwhile before he goes to court you should also make preparations legally. if you send the photocopy of your agreement to sell I can tell you more.

Advocate Vishwanath Pratap Singh LawRato · Accepted Answer · 2021-09-30T08:44:47+05:30

hello client as a matter of consideration of an amount which you have settelled for sale of total share of 900 share units which is set aroung 70 lakh value for total 900 share units. as per agreement between you and buyer.
at the time of agreement 27 lakh rupees transpherrd into your account . in lue of tht you transphered 350 share units to him . rest balance amount you never received till now. now you have been defrauded by the buyer by filling a case against him . as you matter id concern buyer is very smart no doubt because share valur is not increased upto 5 times so is willing everythings fir free. do not worrry you need to fight tht case tht id tht is the only way but we can save you .

Advocate Abhinav Sharma LawRato · Accepted Answer · 2021-10-04T11:32:20+05:30

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

Advocate Atishaya Kaushal LawRato · Accepted Answer · 2021-10-09T16:25:21+05:30

Hi

You can opt for settlement agreement or resolution agreement. Since it has been more that 4 years, we will have to check the laws of limitation. We can speak to resolve this.
We can even resolve the dispute through mediation.

Advocate Bhagya C H LawRato · Accepted Answer · 2023-03-05T17:23:28+05:30

okay u understand yout question so now you cancel the agreement of sale right but it will not registered agreement si you will cancel it so do you need any legal help contact me thank you and nuyer is ready for cancel it is also important so if you not interested to sell the property so do you have to so do you need any further legal help contact me thank you

Advocate Navya LawRato · Accepted Answer · 2023-03-05T23:25:18+05:30

Purchaser fails to pay the balance amount with in the perios mentioned above this agreement shall stand cancelled,null and void the advance amount is not refunded. If this agreement is cancelled the seller shall be entitled to sell the schedule property to any other prospective purchaser.

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