Community › Forums › Legal Advice India › Advice Needed Regarding Property Sale Agreement Without Cancellation Clause
- This topic has 4 replies, 2 voices, and was last updated 1 year, 4 months ago by
User_5828abe0.
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UUser_5828abe0
PARTICIPANT
February 10, 2025 at 1:11 pm**Advice Needed Regarding Property Sale Agreement Without Cancellation Clause**Hello,
I’m in a bit of a difficult situation and would really appreciate any legal advice or guidance regarding the sale of my maternal grandfather’s house.
About two years ago, my grandfather decided to sell his property due to some personal reasons. He was approached by a syndicate of 4-5 men who were planning to buy up part of the society (including my grandfather’s house) to develop apartments. They offered a deal: my grandfather would receive a certain sum of money (X amount of rupees) and, in addition, an apartment in the new building that they were going to construct.
At the time, this deal seemed fair to my mother, who is one of the joint owners of the property (along with my maternal aunt and grandfather). Since we all live far away from my grandfather, my mother gave him her consent to proceed with the agreement, believing everything was fair and in order. The plan was for my grandfather to receive the sum of money plus the apartment.
However, shortly before finalizing the deal, the syndicate split due to disagreements between the partners. The new group that wanted to buy the property sent a different offer, where they only offered X amount of rupees and no apartment, which was a much less favorable deal.
Despite my mother being reluctant to accept the new offer, my grandfather, who isn’t very strong-willed, ended up signing the deal without informing my mother or getting her consent. We’re not sure how they convinced him to sign the agreement, but he went ahead and agreed to sell the property for X amount of rupees alone, without the apartment. This was about 10 months ago.
Now, my grandfather realizes that he can’t move forward with the deal as the new terms are not acceptable. The problem is that the agreement does not have a cancellation clause for either party, and the syndicate is refusing to back out, even after we offered to return the token amount they had paid initially.
We’re unsure what options we have at this point. Is there any legal way to either cancel or modify the agreement, especially considering that my grandfather signed it without fully understanding the implications or under pressure? Can we challenge this agreement in court, given the circumstances?
Any advice, similar experiences, or thoughts would be greatly appreciated. Thanks in advance for your help!
There are more complications inside, so i’ve just shortened up the case
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AAshishmaster940
PARTICIPANT
February 13, 2025 at 7:57 pmAgreement is only valid for previous terms.New terms, New agreement required.
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UUser_5828abe0
OP
February 15, 2025 at 10:24 amSir, unfortunately the problem is much more complitcated, too complicated to talk in a commment.
I also apologize for the late reply-
AAshishmaster940
PARTICIPANT
February 15, 2025 at 8:02 pmtake the documents to a lawyer for better understanding.-
UUser_5828abe0
OP
February 17, 2025 at 12:13 amYeah that’s what we are actually doing, but almost 10-12 different lawyers were consulted and all have some weird opinions
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