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TERMINATION OF AGREEMENT OF SALE FOR PROPERTY


03-Jul-2023 (In Property Law)
My parents executed an Agreement of Sale with an individual for the sale of their flat on April 25, 2019. In the agreement it was written that the Deed of Conveyance should be registered within a month of the execution of the Agreement of Sale. It was also written that if the purchaser backs out from the transaction, then the OWNER/VENDOR can sale the property to a third party. Now my parents have decided not to sale the property due to some personal reasons and have communicated the same to the PURCHASER. My parents have also told the PURCHASER to take back the token amount of Rs. 50,000/- given during the execution of the Agreement of Sale. But the PURCHASER is now threatening to take legal Action against my parents and he is forcing my parents to sell our flat. the PURCHASER is also not willing to take back the token amount of Rs. 50,000/-. Can the PURCHASER take any legal action? What future course of action can we take in this matter?
Answers (2)

Answer #1
829 votes
is the terms and condition of agreement for sale exceeded ?
if you don't forfeited the token amount then alright but still an agreement for sale is an agreement so he can the help of appropriate Court of law and if you have valid reason you can defend yourself and for further advice you must consult a lawyer in detail .
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Answer #2
902 votes
need to review the terms of the agreement for sale. please bear in mind a contract which fulfils all provisions under india contact act is to complied by the parties therein. What are the clauses under which the seller can withdraw from the said agreement needs to be scrutinised. Please contact me for further assistance.
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