• Land sale agreement

In august 2014 my father signed an agreement with a party to sell our ancestral land( in delhi) for a prescribed amount and received a token of 10% of the amount. The party was personally to known to my father and in the agreement the party dis not mention the due date by which he will pay the amount and my father will transfer the property in his name. My father waited for him for 1 year but he never paid the remaining money and after that he stopped picking up the phone and started avoiding a meeting with my father. We waited for him till january this year. Another party interested in the land and urgent cash need forced my father to get into an agreement to sell the land to another party. My father did try to get in touch with the previous party before agreeing to sell the land to the second party. But tht too in vain. Now after coming to know about the sale agreement the first party contacted my father and threatened for a legal action. What can be done in this situation? What is the validity of an agreement if no due date is mentioned on it? Can a person come and pay money after any period of time and the seller be made to wait like this on the basis of auch agreement? Kindly help.
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

3 Answers

it is necessary to peruse agreement for sale executed by your father with purchaser to advice

2) it appears time was not essence of contract

3) it is well settled law that even if contract doers not provide specific period when payment is to be made balnce payment ought to be made within reasonable period of time

4) your father ought to have terminated contract if purchaser failed to make payment and should have refunded advance money received

5) better settle the matter amicably as litigation is long drawn affair

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. Since no date of execution of sale deed was mentioned in the agreement to sell it was incumbent on the buyer to have taken the steps to execute the sale deed within a reasonable span of time, say a year. However, before a fresh agreement to sell could be made with another prospective buyer your father should have cancelled the existing agreement with the previous prospective buyer.

2. Issue a lawyer's notice to the previous prospective buyer to cancel the agreement to sell and also file a caveat in the civil court so that you get an opportunity of being heard before the court passes an ad interim ex parte order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The validity for a sale agreement is three years from the date of execution of the sale agreement, but this deed should be a registered deed.

If there is no time specified in the agreement, then it shall be valid only for three years, beyond that the buyer cannot enforce the sale agreement before court,.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer