Dear Sir,

1. Can we cancel the agreement? And if we can, 
then kindly explain what shall we do, the process.

Ans: Yes, by issuing a legal notice.


2. Can the other party go to court regarding the 
agreement?Can I get back the entire money which 
I have paid ?

Ans: yes, subject to the terms of agreement. 

3)As a buyer , can I drag him court for registration of property?

Ans: Yes, by filing a suit for specific performance. 


4)The Notarized sale agreement is made on Rs 10 Rupee 
stamp paper, It's valid or not?

Ans: yes, provided you pay the deficit fee.

1-  Yes you can cancel the agreement. You can inform yourself but better send a legal notice by Lawyer.

2-  Yes Court doors are opened for everyone. But it all depends on conditions of agreement.

3-  Yes Court doors are opened for everyone. But it all depends on conditions of agreement.

4-  10/- Rupee stamp paper shows immaturity and non seriousness. A agreement should be made properly. You can correct the mistake by paying correct fees.

Dear Sir,

When you file suit for specific performance then court will ask you to pay deficit stamp duty/court fee. 

A suit for specific performance of contract must be filed in the district court immediately. Yes you can go to the so that the terms of the agreement may be honoured. 

You should have a registered the agreement. But anyways that is a good enough evidence to drag him to court.

You can cancel agreement

Request seller to  refund advance money received with 12 percent interest as per sale agreement 

2) terms of agreement are sacrosanct 

3)you can go to court seek refund of your money on cancellation of agreement 

Sale agreement is valid 

it is necessary to peruse agreement to advice further 

1. Agreement of sale should have been made on stamp duty prevailing in W.B. or Rs. 200/-.

2.  Send a legal notice to the seller to come forward and get the property registered in your name or let the seller return your advance amount which you have paid to the seller.

3.  If there's no positive response from the seller, file a suit for specific performance in the jurisdictional Court. 

Dear Sir/Madam,

1. Yes you may cancel the agreement. Please notify the seller that you want to cancel the sale agreement. Cancellation of the agreement depends on the terms and conditions of the contract. Consult a lawyer to know more about the agreement. 

2. No, there is no necessity to go to the Court, since your agreement clearly allows for the provision of cancellation. Yes, you may get the money back.  

3. Yes, you may file a case. However, the court is considering only cases of emergency. Please try resolving the issue cordially.

4. Agreement on rupees ten is not valid. Rupees ten stamp paper is for affidavits and declarations only. However validity of the agreement does not depend upon stamp paper , it totally depends upon the tenure mentioned in the agreement. If any time limitations or tenure is not agreed in the agreement in written then it is totally upon the conditions and circumstances of the agreement. Show this agreement to a lawyer or advocate and get a consultation.

Thank you

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Hello,

1. As the Agreement is notarized, it can be cancelled anytime. It cannot be enforced in a court of law as it is not registered.
2. AS per the terms of the agreement amount should be refunded, alternately, you can take the other party to court.
3. You can, however, if he agrees by the terms of cancellation and pays the amount or promises to pay, you cannot compel him to perform the agreement.
4. It has limited validity. it can help prove the transaction and the intent of the parties to the agreement. However as it is not registered, it cannot be enforced through a court of law compelling the seller of his obligations.

1. Since this agreement is not registered from the office of the registrar , then you can cancel the same just after sending a legal notice to the seller  and ask to refund the paid amount with agreed interest. 

2. If you cancel the agreement due to fault of seller  , then he is bond to refund the paid amount with the interest.

- If not paid , then don't cancel the agreement , but cancel the deal only , and further approach the court for getting the paid amount. 

- Yes, if the seller refused to registration , then you can drag him for execution of the agreement after filing a suit for performance. 

- Unregistered sale agreement is a proof of transaction and payment . 

If the buyer wants to cancel the agreement  he need issue notice declaring his intention to cancel the agreement, he will be forgoing 12 of the 5L advance. Same applies to seller, if he wants to cancel the agreement  he will be paying 12 to buyer. None of the parties can go to court for or against cancellation as there is express clause in the agreement .  

The notarised agreement cannot enforced in court of law, even if you file a suit for specific performance of contract, the court may consider this agreement as a receipt for the amount paid towards the part of sale consideration and may pass an order to return the same. 

If the vendor is insisting to stay in the property temporarily after executing the registered sale deed in your favor, you may demand monthly rental amount from im and can also enter into a rental agreement with him or do not entertain his claim for staying back in the property after the property has been sold to you. 

However if the vendor is still  insisting on this you may ask him to give it in writing so that it would become a base for you to cancel the sale agreement and demand the return of the advance amount @ 12 % interest by communicating your decision in writing  sent by registered post with acknowledgment card. 

This would make the  seller to re-think about his decision  and may even drop his idea of staying back in the property after completion of the sale formalities. 

If you are still in doubt or not able to tackle the situation properly as well as legally you can take the assistance of an advocate in the local and proceed as suggested

3. You can  very well file a suit for specific performance of contract provided the agreement period has expired and you had expressed your willingness  and readiness to perform your part of contract by a notice one week before the expiration of the agreement period. 

4. The notarized sale agreement is not enforceable in court of law however it can be used as a piece of documentary evidence to support your claim for return of the advance amount you had paid

3. You can  very well file a suit for specific performance of contract provided the agreement period has expired and you had expressed your willingness  and readiness to perform your part of contract by a notice one week before the expiration of the agreement period. 

4. The notarized sale agreement is not enforceable in court of law however it can be used as a piece of documentary evidence to support your claim for return of the advance amount you had paid

1. What do you want to mean by saying "Now seller want to stay after registration"? If you have valid ground to cancel the agreement i.e. the seller did not comply with the terms of the agreement, then you can certainly cancel the agreement. You shall have to issue the seller a letter stating that you have cancelled the agreement for his not comp-lying with the terms of the agreement and claim refund of the amount paid by you with interest as mentioned in the said agreement.

2. Anybody including the other party can approach the Court to seek justice. You can also file a Recovery Suit  seeking recovery of the amount paid by you with interest, damage and cost, in case the seller refuses to repay the amount paid by you.

1. You can very well file a complaint case before the local District Consumer Dispute Redressal Forum against the seller alleging deficiency in service and unfair business practice claiming handing over possession of the property and registration of the same after taking the balance amount with in next 1 month of refund of the amount paid with interest, damage and cost with in next 1 month.

2. Itb is an evidence that he had agreed to sell you the said property at the mentioned price and has taken the said amount from you towards advance payment.

Sale agreement ought to have been duly stamped and registered. Both the processes have not been followed in your case.

3. No, because the sale agreement is not valid and on account of non-registration, it cannot be enforeced through Court.

4. Not valid.

5. Simply seek your money back with interest. If interest is denied send a legal notice.  

1. All agreement can be canceled depending on the circumstances and terms of the same.

2. Any written agreement on lawful terms is valid. A notarised agreement on a stamp paper does not give any special validity ot an agreement. 

1. Agreement can be mutually cancelled by executing a cancellation deed.

2. The agreement has to be perused threadbare to formulate an opinion.

3. If seller does not agree to refund the sum paid to him then immediately serve a lawyer's notice to him to demand the refund with 12% interest.

4. You can certainly sue him by filing a suit for specific performance in the civil court to seek a decree against him to honour the agreement and execute the sale deed.