1) The deed of sale concluded by you with the buyer should have contained a clause according to which, in the event that the buyer does not make the payment within 6 months, the deed of sale will be canceled 21. If and as long as a person is not contractually capable and entitled to transfer ownership, a valid transfer of ownership cannot take place (§§ 5 and 7 TPG). If the transfer of ownership is made by an untitled person, or if the transfer is contrary to the nature of the interest, or if an illegal object or consideration within the meaning of section 23 of the Contracts Act or the purchaser is legally disqualified as the purchaser, ownership of the property will not be transferred to the acquirer (articles 6 (h) and 8 of the Contracts Act and article 23 of the Contracts Act). In the case of a transfer by a seller who has an inadmissible title in itself, the situation would be different. Again, there could be different circumstances. Apart from these situations, the transfer by a co-owner, a co-owner or by a person with a clear interest in the transfer does not become invalid and the purchaser has the right to have the transfer validated in certain situations. The legislator has dealt with a variety of situations in which an imperfect title could be transferred in the event of a transfer. Therefore, sections 10 and 11 of the TP Act, which set out conditions of inalienability or conditions of non-transfer or conditions that impose the transfer, cannot be read in isolation, they must be read in conjunction with other provisions mentioned above. 8. Transfer Process. – Unless otherwise stated or necessarily implied, a transfer of ownership immediately transfers all interests to the buyer, which the seller is then able to pass on to the property and to the legal incidents of the latter. Ownership of a property is transferred by a deed of sale registered in accordance with section 54 of the Transfer of Ownership Act 1882.

Each deed of sale results in the seller selling ownership of the property and ownership being transferred to the buyer. A deed of sale transferring ownership of property can only be ignored in two circumstances. First, if the bill of sale is a nominal transaction or a paper transaction because the parties had foreseen it, or second, if the document that is the deed of sale is void from the outset. In these two cases, it is not necessary to cancel the deed of sale, since the deed of sale cannot result in a transfer of ownership. However, in all other cases where it is alleged that the deed of sale is a questionable document because it should not have been executed or there is a fraudulent transfer of ownership through the respective deed of sale or for any reason that makes the transfer voidable (and void), it is necessary that an action for annulment of such a deed of sale be filed within three years of of three years. the date on which a person learns of the execution and existence of the deed of sale that is contrary to his interests. This is the mandate of section 59 of the Limitation Act 1963.1. The clause „The Seller / Owner is free to sell the provided at any price and under the conditions to other persons and that the cancellation of this purchase contract” does not irrefutably communicate / means that such non-payment automatically cancels said contract, (i) An act of cancellation of a sale unilaterally executed by the assignor does not create rights, The assignment, restriction or removal of title or interest in the asset is ineffective. Such a document does not create a burden on the property that has already been transferred.

Therefore, such a cancellation certificate cannot be accepted for registration. (ii) Once ownership of the property is vested in the purchaser through the sale of the property, it cannot be sold to the assignor even with the consent of the parties by signing and registering a deed of cancellation. The right way would be to transfer ownership by a deed of transfer from the assignee to the assignor. (iii) Where a transfer by sale is effected provided that ownership is transferred to the payment of the consideration and that intention is apparent from the recital of the deed, that deed or sale may be annulled by an act of cancellation with the consent of both parties for non-payment of the consideration. The reason for this is that in the case of such a deed of sale, the title remained with the seller. iv) In other cases, a complete and absolute sale may be cancelled only at the instigation of the seller by bringing an action before the civil court obtaining a decree on the cancellation of the deed of sale, inter alia, for fraud or other valid reasons. 3. It also seems that after the expiration of the agreed period of 3 months, you have several reminders to the buyer, but he has not completed the sale. The sales contract expires automatically if the purchase is not made on time.

Send a notice of cancellation of the purchase contract. If the deed of sale has been registered at the sub-registrar`s office, you must take legal action to cancel the deed of sale. 2) You have not mentioned whether the deed of sale is registered or not 2) It is advisable to send a lawyer`s notice to the buyer and terminate the contract while reimbursing the money advanced either by check or NEFT. A NEFT credit transfer would be more appropriate as it would not allow it to refuse to accept the amount advanced. 4. In these circumstances, you send him a letter of cancellation of said contract with the refund of the amount of the advance, and then conclude a purchase contract with another buyer on the terms that you mutually accept. If the purchase contract was a registered document or not?, If it was a registered document, the purchase contract is valid for a period of three years from the date of its execution. If it is an unregistered document, it can be treated as a simple receipt of the amount you received, it cannot legally apply it beyond the set date, but you may have to refund the amount received if you issue a cancellation notice until there is an expiration clause. The law can therefore also be considered as agreed that in all cases of null and void or questionable transactions, an action for annulment of a document cannot be maintained. In the event that real property is transferred from a person without authorization to a third party, it is not a question of saying that the true owner, who has the power and right to transfer, may file a claim under section 31 of the Specific Remedies Act for the simple reason that such a claim cannot be upheld. In addition, in the case of an act void or voidable in respect of the executor of the will, an action for annulment of such a document would be upheld and can be decided only if the competent court decides that the act is void or voidable and that, if such a document subsists, it would cause serious damage to the true owner.

Under the Indian Contracts Act, most of the duration of the contract is generally the essence of the contract. Both the seller and the seller entered into a contract, both of which should have complied with the terms of the agreement. If one of the persons does not perform the contract, the other person has the full right to terminate this contract. In the case of a purchase contract, because the buyer has not complied with the terms of the contract, the seller is free to terminate and revoke the contract. B. You can send a legal notice to the buyer via RPAD and must be informed that the contract has been terminated because registration has not taken place. You can send a legal notice to the buyer stating that the purchase contract will be terminated after the expiration of the period specified in the contract. Let him out with legal action, if there is any, you can challenge it accordingly. This is a continuous contract that can be contested after the expiry of the agreed period if it is not performed.

You must take legal action for the termination of the contract in accordance with section 64 of the Indian Contracts Act. There is a difference between an action for annulment of a document and an action for a declaration that the document is not binding on the applicant if the applicant attempts to establish a title in itself and cannot justify that title without removing an insurmountable obstacle such as a decree or document to which he was a party or to which he is otherwise related, it must then be clearly stated that it is a decree or document which has been annulled or annulled in toto, and that its action is essentially an action for annulment of the decree or act, irrespective of whether the action may have been formulated as an action for explanation ….