It was great mistake on your part but notmentinoing the timelimit.

So the buyer can take time though the time must be reasonable.

So to expedite the matter send him a legal notice fixing a time limit like giving him another 1-2months.If he does not complete the purchase by that time you may proceed to cancel the agreement, refund the money and make agreement with another buyer.

No time limit is decided by mutual agreement only.When it is missing then it is on the discretion of the court to determine what is reasonable time.

Hi

you can cancel the sale agreement after sending the notice , if you have a time clause in the sale agreement, stating the payment has to be paid within a certain period and if fails to do so the deal shall be void.

The purchaser failed to perform the contract , so the seller can take steps to call off the deal.

Regarding the Mutation if it has not been completed , you can send the notice to Talaati office where mutation happens stating the reasons of non-payment and since the deal has not been completed ask the officer to keep it pending til you obtain and order from court.

If the mutation is already done you can raise dispute and stop further transfers. once you get an order from the court regarding the cancellation of the agreement and sale further steps can be taken in terms of transferring it back.

uit for the specific relief.

1)in your agreement for sale time was not essence of the contract

2)since time was not essence of contract purchaser can make balance payment within period of 3 years from date of agreement

3) if he fails to make balance payment within period of 3 years then cancel the agreement

4) in alternative file suit for specific performance of contract

you cannot cancel the agreement unilaterally

2) time is not essence of contract

3) purchaser can make balance payment within period of 3 years

it is necessary to peruse agreement for sale to advice further

2) is there termination clause in agreement for sale ?

Dear Client,

First of all, when the agreement was executed, Since time is not the essence of contract, it cannot be repudiated by you on default of buyer, ( terms of agreement imp. ) but in cases where time clause is lapsed still the terms of the agreement needed to be honor in reasonable time. ( Date of Agreement ? )

Next - you can file can file suit for specific performance of agreement or can forfeit earnest money for non performance of agreement by giving legal notice in this regard.

Remember - Time is imp. how much lapsed.

Hi

In response to your post, assuming that there is clear title flow from your ancestors to you, the same is answered as follows:

Firstly, the terms and conditions of the Agreement is a must to give clarity to your post.

What is the total sale consideration ? It will also have bearing on your issue.

Share the contents of two legal notices got issued by you. What for you got issued the said two notices ? The contents of the same will give us clarity based on which you can be guided accordingly.

Laws of the land and fundamental rights permit the citizens of India to raise issues pertaining to their respective fundamental rights before appropriate Courts of Law.

Going by your own post i.e., the other party is dilly-dallying and delaying the contract, if you go to court of law for adjudicating your issue, it can be concluded that substantial time will be consumed for first level of litigation itself.

The case on hand is pertaining to Property it can go to various Courts before logical conclusion is reached.

I am not trying to scare you, I am just bringing the real facts which you may face and I am being practical and realistic.

Further clarity can be given if you share the details as desired.

Good Luck !

There os no time limit.

You can file a civil suit for cancellation of the agreement

And may subsequently file a criminal complaint against the property dealer for cheating and fraud.

Regards

Sir mentioning of a time period is essential in an agreement. Since you have not mentioned it, therefore the second party is taking it as an advantage.

1. You can send a notice to the other party that they have to pay the remaining amount within 2 months and if they fail then the agreement will be cancelled.

2. You can file a case for specific performance of the contract.

Hope my reply helps you.

Move to the court for specific performance of this agreement to sale.

Just because no time limit is specified in this agreement to sale within which the sale is to be concluded, doesn't means that the sale can be postponed till eternity.

Alternatively, you can send a notice of cancellation of this agreement to the concerned dealer.

Hi, you can file a civil suit for specific performance in court .. If he do not turn up in the court , then the court will pass a judgment in your favour and you can sell the property to another buyer ..

You can immediately go before the court of law, there is no time limit for the purchaser.

You can either approach court with a sit for specific performance of contract seeking to direct him to perform his part of contract or to cancel the same by refunding the advance received as per the terms and after deductions of all expenses including the litigation expenses.

Or, you may issue a legal notice stating that since plenty of opportunity is given and as he is not turning up, the contract stands canceled from the date of this notice.

You can refund the amount on his demand after deductions as per terms of the contract.

Please be aware that the contract shall remain valid for a period of three years from the date of the contract or agreement.

We dot mind cancelling the agreement for sale but can we do it if he is not agreeable and how much time do we have to wait for that if we go to court

In the normal circumstances the agreement is valid for three years or as per the court directions if you approach for cancellation of the agreement.

Is there any time limit given to the purchaser as per local city laws before which a seller can not cancel the agreement for sale?

It is three years from the date of agreement.

1.If you have complete registered agreement then file a recovery suit.

2.If property is under your possession then cancelling is beneficial else if it in purchaser's hand then don't ever go for this.

3.No there is no such time limit.