24 June 2021

Legal notice for cancellation of agreement to sale | Notice for cancellation of agreement to sale format

Legal notice for cancellation of agreement to sale | Notice for cancellation of agreement to sale format.   


XYZ Advocate,                               Mob. No. 

Seat No. Xx. 

___________________________________________

Ref. No….                                                     Dated

                              REGISTERED A.D.               

To

          Sh. XYZ


SUB : CANCELLATION OF THE AGREEMENT TO SELL DATED 11-01-2010

Sir,  
            Under the instructions from and on behalf of my client Mrs. ________, I do hereby serve you with the following legal notice: -

1-   That my client is absolute owner and in possession of the agricultural land measuring 4 Kanals forming part of the Khewat Khata No. 172/214min Khasra No. 89, Killa No 18min east, which is situated in ____________.

2- That you entered into an Agreement to Sell dated 11-01-2010, with my said client to purchase the agricultural land of my client area measuring 4 Kanals, which is situated within the revenue estate of __________. You and my client signed the Agreement to sell in the presence of witnesses on the same day.

3- That as per the terms and conditions of the Agreement to sell the total sale consideration of the said land was settled at Rs. 8,50,000/- (Rupees Eight Lacs & Fifty thousand only), you paid earnest money of Rs.1,00,000/- (Rupees one Lac only) to my client on the same day.

4- That the date for execution and registration of the sale Deed was fixed for 11-07-2010. It was Sunday on 11-07-2010 so my client contacted and meet you personally on 10-07-2010 and asked you to make balance sale consideration of Rs. 7,50,000/- to my client and get the sale deed of the said land executed and registered in the office of Sub Registrar _______on 12-07-2010 in your favour for the same, you agreed and told my client that you would pay the balance payment of Rs. 7,50,000/- to my said client and get the sale deed of the same executed registered in your favour on 12-07-2010.

5- That as per the assurance and terms and conditions of the agreement to sell my said client reached at the office of Sub Registrar, __________on 12-07-2010 for performing her part of contract at about 10.00 AM and she waited for you there from 10.00 AM to 5.00 PM but you did not turn up to perform your part of contract on that day i.e. 12-07-2010. Hence my client got her physical presence marked before the Office of Sub Registrar, ________ on 12-07-2010 through his affidavit which was duly attested by Executive Magistrate _______ who is having powers of Sub Registrar.

6- That the date and time was essential part of the said agreement to sell.

7- That after that my client has given an another opportunity to perform your part of contract and to make the balance sale consideration of Rs. 7,50,000/- accordingly, for the same, my client served a Legal notice dated 09-10-2010 through his counsel upon you thereby calling upon you to perform your part of contract also to make the balance on 25-10-2010 and to get the Sale deed executed and registered in your favour. Accordingly my client again reached at the office of Sub Registrar, _________ on 25-10-2010 for performing his part of contract. My client waited you there whole the working hours before Sub Registrar, _________ but you did not turn up knowingly and intentionally to perform your part of contract on the said date. On 25-10-2010 my client again marked her presence before the Sub Registrar, ________ through his affidavit which was duly attested by Executive Magistrate.

8- That as per the terms and conditions of the said agreement to sell, you have violated the terms and conditions of the said agreement to sell and have intentionally and knowingly failed to perform your part of contract on 12-07-2010 and again on 25-10-2010 hence the Agreement to sell dated 11-01-2010 has become infractuous and cancelled and the amount of earnest money of Rs. 1,00,000/- has been forfeited by my said client and now you have no any right to claim against my said client in respect of the said agreement to sell and my client is free to sell his above said property to anybody else.

                                  I, therefore, through this legal Notice intimate you that the Agreement to sell dated 11-01-2010 has been cancelled irrevocably because you have failed to perform your part of contract within the agreed period, therefore, the amount of Rs. 1,00,000/- (Rupees One Lac) paid by you as earnest money has been forfeited for good by my client and now you have no right to claim against my said client under the said agreement to sell and my client is free to sell her property to anybody else.
Copy kept in my office for record.

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