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Want to cancel the sale agreement
15-Nov-2023 (In Property Law)
Hello, 2 months back, my mom had agreed to sell the site (due to financial constraints) which is in her name to one person. He promised to but the site by giving a token advance of 1 lack rupee and also signed a bond paper. But right now, my mom doesn't want to sell the site to him (or anybody) as my mom recieved some money which helped her to recover financially. Selling the site now would be a foolish thing to do as first of all the site was agreed to be sold at much cheaper rate than the SRA value. My mom called the seller to compromise and give the money back to the person who gave the token advance. But he is refusing to take the money back and he says he will file a case against us.
Is there any way we can evade from this, as my mom doesn't want to sell this site anymore.
respected Sir/Madam
you can send a legal notice stating you want to cancel the agreement and want to pay back the money whatever received. thereafter you wait for the reply and return the whole amount.
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Adv. Anindita Chakraborty
Bangalore / Bengaluru | 100+ Answers
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first of all check the clause in the agreement. As per that, if he can file case for specific performance, you have to file a caveat aginst him to stop him to take any orders from the court behind your back.
also need to verify the Agreement to check whether it is probably stamped. if the agreement is not properly stamped, there will be a penalty on him, which will be higher than the advance amount paid by him.
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Adv. Rekha C. V.
Bangalore / Bengaluru | 50+ Answers
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Hi,
I have gone through the details of the said issue, we can definitely help you, the purchase cannot demand the sale of the property, he can be settled with return of advance amount, we can definitely help you to save your property.
kindly contact us
thanking you
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Adv. Yathish Sathyanarayana
Bangalore / Bengaluru | 100+ Answers
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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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