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How to cancel a sale agreement if the other party does not want to


16-Aug-2023 (In Property Law)
My brother has taken 1 lakh advance and signed a ikrarnama on 500 stamp duty for our father's property. I haven't signed it and neither has my sister. It states that we are selling the property and will register it once they pay the remaining money on a later date. It has a clause that states that we have given the possession to the buyer and they are free to do whatever they want with the property. Moreover, it says that property is free from any dispute but it is in fact disputed according to old family agreement and part of our property is under our cousin's possession. We cannot register the property and now are worried that they might take forceful possession. They are also not willing to give all the money in cash. We wish to cancel agreement but they are not willing.
Answers (3)

Answer #1
686 votes
You have found something inside that agreement which seems like the other party has violated that agreement, then we file a case of cancel that agreement that is the only way you can do .
Prashant kumar advocate
Jaipur high court
Answer #2
752 votes
Sir as you mentioned in your querry that you don't want to sell the immovable property and you have taken the amount now you want to cancel the agreement so you can cancel it by returning the amount to the party
Answer #3
986 votes
In the legal term the transaction should be made by cheque only. Or for property matter there is not a complete sale deed executed as I can understand. The property governed by ascentral law for property. Please go through with brother's agreement clearly all your support seeking there. You brother who made agreement have not complete rigjts to transfer the property. So need not to worry. For passasion plz do not deny of your own.

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