I sold a plot in Moradabad UP for 30 lakhs through agreement of sale (dated Oct 1 2012) in terms like property will get register in 3 months (Dec 2012) for 30 lakhs. Buyer had paid 2 lakhs a advance and promised to pay rest 28 lakhs at time of registration after 3 months.
Now its September 2013, i.e. almost a year; buyer is neither cancelling agreement of sale nor paying the money and register the plot.

I have consulted a lawyer and as per him, as its registered agreement of sale, I have to wait for 3 years (Oct 2015) for this agreement to get legally cancelled and then only I can sale the plot to any new buyer…

Is it so, If it is, it’s ridiculous as a seller, I am finding myself cheated. As per lawyer, If I will goto court , I have to pay 10% of 30 lakhs as court fee….
Any experience in similar cases? I just want to get rid of this guy and sell the plot to someone else as I am in need of money very urgently.
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  • Consult another lawyer.the advice appears to be incorrect.
    About court fees i cannot comment on correctness of amount..
    If he does not pay as per agreement he forfeits his advance and you can move the court for cancellation of agreement. it all now depends on what is written in your registered sale agreement.
    Court proceeding invariably means delay but as per what you have said the buyer is trying to get a cheaper deal from you by ensuring that you cannot sell the plot without cancelling the deal through legal action.
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  • Any idea how to cancel "registered agreement of sale"?
    I have spoken with several lawyers and all providing different info.... Anyone have exp. with cancelling registered agreement?
    Or any pointer on the procedure?
    Any help will be like life saving.....
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