Question :

Dear Sir, My question is that I made a contract for buying a home and a made a 10% advance payment. As per agreement I have to pay full payment within 2 month. The mail clause of that agreement is that “The seller has to given NOC from Local Authorities (It include KDA, CDGA and Cantonment Board)” The home is fall under Cantonment Board. The two month even three months lapse but the seller did not give me NOC/NDC from Cantonment Board . Due to which I did not pay the full amount but even i made a Payorder but hold until this document.
Actually this document is required by Bank and this is very crucial document for bank as well as me.
In the above scenario :
Can I cancel the agreement ?
How I cancel this agreement means Legal Process for recovering the advance with all charges.
Can Seller forfeited my advance as he saying?
.Thankx in advance for your legal advice.

Answer:

  1. if you want to but that home still now , you should file suit for specific performance before court. or if you want to cancel this agreement and as per agreement you may claim the return of 2 x amount from the seller through court and cancellation of agreement. You have a very goof option also, you may visit registrar of cantonment board with pay-order of remaining amount for registration of said house/plot through said purchased agreement.

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