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Property deal with two Property deslers
30-Mar-2025 (In Property Law)
Signed unregistered sale agreement with builder 6 years back and took token amount he has not paid balance amount.
Signed mou with another builder 6 months back and took token amount.
Now we want to cancel at least one agreement. Pl advise which one is easier to cancel if we return double token amount.
Dear client,
Since both agreements are unregistered, their enforceability is weaker. You may prioritize canceling the one where legal risks are lower. If the first builder has defaulted on payment, you can issue a legal notice citing non-performance and seek cancellation. For the second MoU, check its terms—if there’s an exit clause, follow it. Returning double the token amount could be an option, but ensure that no penalty clauses or specific obligations exist. You can Consult to me for document review before proceeding.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Agreement to sale already became void and now builder is even barred by limitation act ! However, for your bonafied we can send him a legal notice to take his actual amount back !
However, did you also sign any GPA along with ATS ?
Plz n touch
Thanks
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Adv. D. Khan
Delhi | 1000+ Answers
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Dear Client
Every Agreement has a clause that stipulates the terms of termination, both the Agreements will have to be assesed in your case. Notice etc may be required to be given.
Feel free to reach out for further discussion.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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hello sir, you must cancel the older agreement because that time limit might have been exceeded if you have mentioned any in the agreement. You proceed with the new agreement. The property value might have also increased. so, canceling the old agreement is more beneficial to you. If you want further advice please provide the agreement.
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Adv. Gokul Athithya R P
Delhi | 25+ Answers
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Cancel the second agreement bcz even if the first wants to file a civil suit for recovery of money it would be time barred as per Indian limitations act and he has no remedy left in law . Cancel the second one
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Adv. Vinay Redhu
Delhi | 200+ Answers
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