How to cancel agreement to sale
29-Jun-2023 (In Property Law)
Sir nI entered in agreement to sale last month for a property with seller for a consideration of 50 lakhs i paid in advance 2 lakh now i come to know he did fraud with me as the actual value kf property isn't 50 lakh i entered in agreement to sale by fraud how can i cancel agreement of sale. Which suit should i file cancellation of sale agreement, declaration suit, or recession of contract . If possible explain me a difference between all of these kind of suit
Any agreement can be revoked or canceled as per the terms and conditions mentioned therein. We can send a legal notice and can cancel the agreement if there is any fraud or mischief being done by the other party. Filing of a suit is not necessary in this matter. However better can be advised after perusing the agreement. Please feel free to contact
Thanks
Thanks
Hi
Generally an agreement to sell has a clause for forfeiture of advance amount. You have an option to file a suit under SRA or else you may take back your advance per the clauses under the agreement. Will have to go through your agreement to advice further.
Regards
Adv. Abhinav Sharma
Generally an agreement to sell has a clause for forfeiture of advance amount. You have an option to file a suit under SRA or else you may take back your advance per the clauses under the agreement. Will have to go through your agreement to advice further.
Regards
Adv. Abhinav Sharma
you can file a case for declaration in which the main prayer will be declaring the said sale agreement as null and void.
in the suit you will have to explain how and why the said fraud was played upon you.
for further queries please feel free to contact
in the suit you will have to explain how and why the said fraud was played upon you.
for further queries please feel free to contact
You need to issue a strongly worded legal notice through your lawyer terminating the agreement to sell forthwith on the ground of misrepresentations. Further while terminating the agreement you may seek refund of earnest money. Suit is not required right now. In case he replies to the notice only then it is advisable to file a suit.
You don’t need to understand the legalities rather hire an expert advocate to do the needful. First you need to issue legal notice in this regard followed by appropriate suit. We need more facts on this that whether the ATS was registered or not ?
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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