Hello sir, We registered an agreement for a land of Rs.1,30,000 in Feb 2004. That time we paid 70,000 as advance and for rest 60,000 agreed to pay in 1 year. Whenever we called them to close the balance and complete registration they were keep on postponing it. Since they are neighbors we also not forced them. Years passed like this. But they were using the land since the agreement made as we don't planned any projects in that land. Last year they too stopped their business in the registered land. So we decided to use the land for our project. When we approached them to clear it legally then sadly neighbor became enemy for us. They are not ready to register to us though we are ready to pay the balance with interest rate and also they are not ready to pay the amount that we gave years back. Till date they have not issued any legal notice from both the side. Please advice what needs to be done on this to get justice. Also we heard like they are planning to sell the property now after breaking the agreement that we made years back without informing us. Is it possible to do this?. We are ready to take even today by paying the rest of the amount (including compound interest). Please let me know is there any possibility to do that. In case if they are issuing a legal notice to cancel the agreement what needs to be done from our side. If they break the agreement without our knowledge what needs to be done from our side. Please advice
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1) if seller refused to execute regd sale deed in payment of balance amount you should have filed suit for specific performance within period of 3 years
2) if you failed to do so your claim would be barred by limitation
3) file suit and seek injunction restraining sale of property by neighbour
4) mention that you were willing to pay balance amount but seller sought time to execute sale deed
You cannot enforce the sale agreement entered into in the year 2004 at this stage as it is very badly barred by limitation.
There is a remote chance that if he issues a legal notice cancelling the sale agreement, then you may based on this acknowledgment of the sale agreement, file a suit for specific performance of contract.
Legally no action is maintainable at this stage where the issue is barred by limitation.
