1) you can file suit for specific performance as seller has failed to execute registered sale deed in your favour
2) you can also seek orders to set aside sale deed executed in favour of third party
Execution of sale agreement time lapsed
Sir, i am a buyer i have registered a sale agreement on feb02-17 and the agreement has 3months time only and i waiting for registration till apr-30-17 the seller does not came to complete the registration on 2-may-17 i send a lawyer notices that mentioned till today evening i am waiting for you for registration there is no response from you after that he goes with other person and sold the property to other person for the same value that he agreed with me i want to know what my position is ?
Asked 8 years ago in Property Law
Religion: Hindu
7 Answers
if i go to court how long it will take for remedy, is possible to cancel that other person registered document. after all how to take possession of property
Asked 8 years ago
Suit would take 15 years to be disposed of
2) seek orders to set aside sale deed executed in favour of purchaser
You can file a suit for specific performance of contract to enforce the sale agreement provided the same is a registered document.
The new buyer also may be impleaded as a necessary party to the suit
if i go to court how long it will take for remedy, is possible to cancel that other person registered document. after all how to take possession of property
The court case may take at least two years to get disposed.
You do not have to seek for cancellation of the sale deed of the other person.
Once the suit is decreed in your favor, you can get it registered through court itself.
1. Now you may file a civil suit for specific performance against the seller to seek court's directions to him to execute the sale deed in your favour or return with interest the amount paid to him.
2. Also seek injunction to restrain him from creating third party rights in respect of the property,
Is it possible the court cancel that other person sale deed he mentioned in that sale deed an agreement is registered not executed by purchaser
Asked 8 years ago
You can in suit filed by you challenge the subsequent sale of property by seller and seek court orders to set aside sale deed
The court will not take any action on its own.
If you have entered into a registered sale agreement with the buyer and had taken all actions properly to enforce the agreement, however it was the vendor who has not cooperated or breached the contract.
Therefore you file a suit for specific performance of contract without bothering about the fact that the property has already been sold by the vendor to a third person,.
Let him answer before the court about this, you can take legal action against him after that.