• Cancellation of Sale Agreement

Hi
I am the seller of an apartment and my property is located in Pune. I found a buyer, he paid a token amount, we registered an agreement to sale at the Registrar's office and he applied for loan. I stay in Bangalore. Now 2 months have passed and he has been making excuses citing different reasons and thus delaying the sale process. He also said he agrees to cancel the deal if i am in a hurry. Accordingly I told him to cancel the Agreement to sale. HE said he has spoken to his lawyer and the lawyer 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. 
My question is whilst we have mutually agreed to cancel the agreement to sale over WhatsApp, can he have it canceled unilaterally ? Even though he has told me it can be done, I do not trust his words.
Asked 4 days ago in Property Law
Religion: Hindu

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10 Answers

It is a registered sale agreement, hence a mere cancellation over whatsapp or by a letter is not valid because it will reflect in the encumbrance certificate.

In such a case you may find it difficult to sell your property in future 

Therefore it is pertinent that you both jointly execute a registered cancellation deed. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

Execute deed of cancellation of agreement by mutual consent 

 

register the deed of cancellation 

 

it cannot be cancelled unilaterally 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

If you both consent then it can be cancelled unilaterally. Only if the agreement is registered needs registered cancellation deed

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

How can agreement for sake be cancelled unilaterally?  

presence of both parties is necessary 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

It is not a proper way to cancel the registered sale agreement. 

Both the parties are required to be be physically present before the sub registrar concerned and execute a registered cancellation deed jointly to cancel the registered sale agreement. 

The encumbrance created by the registered sale agreement will stand nullified only after completing this process. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

i don't think so

there cannot be a unilateral cancellation deed

both the parties to the agreement for sale have to be parties too in the deed of cancellation and such deed has to be registered

then using the registered cancellation deed the buyer can apply for refund of stamp duty paid on the agreement for sale by making the application to the collector of stamps within the statutory period 

Yusuf Rampurawala
Advocate, Mumbai
7679 Answers
79 Consultations

No, a Registered Agreement to Sale cannot be canceled unilaterally by the buyer. Your presence and consent as the seller are required for cancellation. Here's a concise explanation:

Key Points:

  1. Mutual Cancellation Required:

    • Both parties (buyer and seller) must sign a formal cancellation agreement and have it registered at the Sub-Registrar's office.

  2. Unilateral Cancellation Is Invalid:

    • The buyer cannot unilaterally file an application to cancel the agreement at the Sub-Registrar's office. Your presence or written authorization is necessary.

  3. WhatsApp Agreement Not Legally Binding:

    • A mutual agreement over WhatsApp is informal and does not replace the legal process of cancellation.

  4. Stamp Duty Refund:

    • After proper cancellation, the buyer can apply for a refund of stamp duty (usually within 2 years) with proof of the registered cancellation.

What You Should Do:

  1. Request a Written Cancellation Deed:

    • Insist on drafting a formal cancellation deed and ensure both parties sign it.
    • Register the cancellation deed at the Sub-Registrar’s office.

  2. Engage a Lawyer:

    • Hire a property lawyer to oversee the cancellation process and ensure your interests are protected.

  3. Protect Against Misuse:

    • If the buyer attempts unilateral cancellation, issue a legal notice objecting to the invalid action.

 

Shubham Goyal
Advocate, Delhi
160 Answers

1. Loan sanctioning process is an ordeal. Actual time can belie expectations.

2. Since the agreement to sell is registered it will be wise to execute a mutual cancellation agreement instead of opting for a whatsapp cancellation. 

3. There cannot be a unilateral cancellation in the manner in which he has said. The buyer may be doing something mischievous. 

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

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.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

- Since, there is registered agreement , then it cannot be cancelled unilaterally without entering into an agreement between the parties 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

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