This Deed of Cancellation is made at Gurugram, Andaman and Nicobar Islands, on 1 April 2026.
1. Ram Lal Sharma, son of Shri Hari Ram Sharma, resident of X, PAN ABCPS1234K, signing through Shri Mohan Lal Sharma, attorney under a registered general power of attorney dated 4 March 2025, document no. 812/2025, Sub-Registrar II, Gurugram
2. X, wife of Shri Ram Lal Sharma, resident of X
referred to as the "Seller", which expression, where there is more than one of them, means all of them jointly and each of them severally, and includes their legal heirs, executors, administrators and permitted successors,
1. Neha Verma, daughter of Shri Suresh Verma, resident of X, PAN X, signing through X
2. X, X, resident of X
referred to as the "Buyer", which expression, where there is more than one of them, means all of them jointly and each of them severally, and includes their legal heirs, executors, administrators and permitted successors.
The Seller and the Buyer are together called the "parties".
The Seller is the owner of, or is otherwise entitled to sell, the immovable property described in the Schedule at the end of this Deed (the "Property").
By an agreement to sell dated 2 April 2026, the Seller agreed to sell and the Buyer agreed to buy the Property for a total price of ₹25,000 (Rupees Twenty Five Thousand only) (the "Original Agreement"). The Original Agreement was registered as document no. 4521/2025 on 3 April 2026 in the office of the Sub-Registrar II, Gurugram.
The Buyer has paid the Seller a total of ₹25,000 (Rupees Twenty Five Thousand only) as bayana (earnest money) and part payment under the Original Agreement. The balance of the price has not been paid, and no sale deed (bainama) has been executed or registered in favour of the Buyer.
Possession (kabza) of the Property was handed over to the Buyer under or in connection with the Original Agreement.
Part of the amount received by the Seller was disbursed directly by State Bank of India, Sector 14 Branch, Gurugram, being ₹25,000 (Rupees Twenty Five Thousand only), against a housing loan sanctioned to the Buyer.
The parties have now decided, by their own free will and mutual consent, not to go ahead with the sale and to cancel the Original Agreement, and to settle the money and everything else between them on the terms recorded below.
1.1 "Original Agreement" means the agreement to sell dated 2 April 2026 described in the Background.
1.2 "Property" means the immovable property described in the Schedule.
1.3 "Amount Paid" means ₹25,000 (Rupees Twenty Five Thousand only), being the total of everything the Buyer has paid towards the price of the Property under the Original Agreement up to the date of this Deed, including any tax deducted at source and any amount disbursed by the Buyer's lender directly to the Seller.
2.1 The Original Agreement is cancelled by mutual consent with effect from the date of this Deed. It stands terminated and is of no further force or effect, and nothing in it survives except as this Deed provides.
2.2 Neither party is bound to perform anything under the Original Agreement. The Seller is not bound to sell and the Buyer is not bound to buy the Property. No claim for specific performance, damages or compensation lies between them under the Original Agreement.
2.3 This cancellation is by the free and mutual consent of both parties. Neither party admits any breach, default or wrongdoing, whether its own or the other's.
2.4 Both parties have signed this Deed. The Original Agreement has not been, and cannot be, cancelled by either party one-sidedly.
3.1 On and from payment of the Refund Amount under clause 4, and immediately where the Refund Amount is Nil, the Buyer has no right, title, interest, claim, lien or charge of any kind in or over the Property, and gives up every such right or claim arising from or connected with the Original Agreement.
3.2 The Buyer gives up any right to part performance under section 53A of the Transfer of Property Act, 1882, and any right to seek specific performance of the Original Agreement under the Specific Relief Act, 1963. This does not affect the Buyer's right to recover the Refund Amount as a debt under clause 4.
3.3 The Buyer shall not obstruct, and shall not allow anyone claiming through the Buyer to obstruct, the Seller's ownership, possession or dealing with the Property.
3.4 The Buyer confirms that the Buyer has not assigned, transferred, sub-sold, mortgaged or created any right in favour of any other person under or on the strength of the Original Agreement.
4.1 The Amount Paid is ₹25,000 (Rupees Twenty Five Thousand only). The parties confirm that the Buyer has paid nothing beyond the Amount Paid under or in connection with the Original Agreement.
4.2 The Amount Paid is settled in the two ways set out below, and in no other way. Where either figure below is Nil, nothing is payable or kept on that account:
— Refunded to the Buyer. The Seller shall pay the Buyer ₹25,000 (Rupees Twenty Five Thousand only) (the "Refund Amount") on or before 4 April 2026, by NEFT to the Buyer's account no. 001234567890 with HDFC Bank, Karol Bagh, IFSC HDFC0000123. Payment of the Refund Amount discharges the Seller completely in respect of it.
— Kept by the Seller. The Seller shall keep ₹25,000 (Rupees Twenty Five Thousand only) out of the Amount Paid, absolutely and as the Seller's own money. The Buyer gives up every claim to this sum, including any claim for its refund or for interest, damages or compensation in its place.
4.3 The parties have checked the arithmetic and confirm that the Refund Amount of ₹25,000 (Rupees Twenty Five Thousand only) and the sum of ₹25,000 (Rupees Twenty Five Thousand only) kept by the Seller together come to exactly the Amount Paid of ₹25,000 (Rupees Twenty Five Thousand only), and that no part of the Amount Paid is left unaccounted for. If those three figures do not add up, this Deed is not to be signed until they are corrected.