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Legality to refund money instead of selling land
19-Jan-2023 (In Property Law)
sir, my fathre had a deal to sell vacant land lying within the boudary of constructed house in which he is living in august 2015. now after 2 and a half years the buyer has paid 2/3rd of the money and is ready to pay the entire amount on the day of registery of land. but now after 2 and a half years my fathre dose'nt want to sell this land and wants to keep it with him and is also ready to return back the advance received with bank interest.. but the buyer is insisting that he wants to buy the land and is even threatening my father. i want to ask is it legally wrong to cancel a deal after taking 2/3red money in advance? we are a hindu family.
in the above problem information provided by you is not complete such as when your father entered into agreement of sale and whether it is registered or not etc. but still if your father is not desirous to sell that land and he want to keep it with him then he can proceed for cancellation of agreement of sale on various grounds. he can also serve a notice to opposite party by his lawyer of his intention to canceal agreement of sale. interalia after two and half year buyer has paid 2/3 of the contracted amount as a advance money to your father there is laps of reasonable time and time is essence of the contract therefore your father can proceed for cancellation of the above said agreement of sale having various grounds.
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Adv. Varun Tripathi
Allahabad | 25+ Answers
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Simply speaking NO. Sir there would have been an Agreement to Sell, and now as your father does not want to sell its his wish and he cannot be compelled to sell the same. An agreement to sell unless registered holds no good contractual obligation. Secondly the agreement, if any, must be time bound and if that time is lapsed, again it can not be pressed.
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Adv. Siddharth Krishna Dwivedi
Ghaziabad | 25+ Answers
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