Dear Client,
In the Present Scenario, you are the seller of an apartment and your property is located in Pune. You have found a buyer and he paid a token amount, after which you registered an agreement to sale, at the Registrar's office, and the buyer applied for a loan. Presently, you stay in Bangalore, and 2 months have passed but the buyer is now making excuses to delay the sale process. Further, the buyer also agreed to cancel the deal if you are in a hurry. Hence, you told him to cancel the agreement to sale. But, he spoke with his lawyer, and said only an application from the buyer is required to cancel the deal and he will get the stamp duty amount less 20% deduction within 2 years. Herein, firstly, a registered agreement to sale is legally binding and cannot be unilaterally cancelled by the buyer. The claim that only his application is required for cancellation is not legally valid. Alternatively, such cancellation requires a mutually signed and registered Deed of Cancellation, without which the agreement remains enforceable. With respect to the refund of stamp duty, the same would usually require a joint application by both parties, and for the same, up to 20% of the stamp duty may be deducted. Now, in case you agree to cancel, you may insist on registering a cancellation deed, and ensure that you financial interests are protected. You may also choose to enforce the agreement under the Specific Relief Act, allowing you to seek specific performance or compensation for breach of contract.
Hope you find this answer beneficial for resolving the dispute.