1) you can send him legal notice now with regd ad address as only left in your hand or try to complete with normal talk instead fighting legally see how much is difference between his amount and legal fees and administration cost.
Agreement made for agricultural land but seller not registered
Good morning Sir..... My father purchasing Agriculture land 2.50 acres. We made a agreement with seller for three months period to register land and paid advance an amount of 1.80 lakhs. But the seller is not willing to register land he demanded extra amount . We have left 6 days only for completion of agreement time. What action should we take to get register land legally . Kindly suggest us sir.. Thanking you sir.
Asked 6 years ago in Property Law
Religion: Hindu
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17 Answers
Send a legal notice.to seller for registration as agreed under contract before.expiry of period.
If he denies than file suit for specific performance in civil court.
Send a legal notice to the vendor to perform his part of action. Thereupon, file a suit for specific performance.
Hi,
You may send a legal notice for performance of the agreement and if the seller does not get agree for it, you can file a case in the court of law for the same.
Hi, it is advisable to appear on the date of registration at the the registrar office and mark your presence there.. Further, if he do not appear you will be having a valid proof that he Did not turn up for registration an defaulted on his part.. Later on we will proceed by filing a civil suit for specific performance
1) issue legal notice to seller to execute regd sale deed in your father favour
2) mention that you are ready and willing to make balance payment
3) if seller refuses files suit for specific performance
Action can only be taken after the expiry of the term of the agreement to sell.
Also, you will have to file a suit for specific performance of the agreement in the civil court.
What is the termination clause in the agreement?
regards
Thanks for ur valuable advice Sir..... Sir actually we didn't made register agreement, but we made agreement on 100/- stamp papers .Sir in agreement seller clearly agreed, if he will failed to register land with in stipulated period of time then he will follow accordingly court rules.
Asked 6 years ago
Even if agreement for sale is not registered you can file suit for specific performance
Unregistered agreement to sale can be recieved as evidence under section 49 Registration Act for suit of Specific performance held in Vinod kumar and Anr. Vs. Ajit singh.
Also see Birham pal and ors. Vs. Niranjan singh 2011 (2) law herald (punjab - haryana) 1136.
There are plenty of other judgements where a suit of Specific performance form unregistered agreement to sale lie and it is admissible as evidence.
So you can go ahead give a notice if he doesnot complete registration file a suit of.specofoc performance and rely on these judgements for unregistered document (as registration is must under Registration Act but in case now you have not registered agreement then above-mentioned judgement will help).
Hi, the agreement that you made is valid .. We can approach court and get the land registered in our name by filing a civil case of specific performance.. For further doubts you can contact me..thank you
File a suit for specific performance of the agreement to sell in question.
Time seems to be the essence of this agreement and the proposed seller is expected to adhere with the timeline.
The only thing that will come in your way is that, this is an unregistered agreement to sell.
You need to send him a legal notice for Registration of land or refund of money. If he doesn't adhere then file cheating FIR with police station.
First you issue a legal notice to the vendor stating that as per agreement you are ready and willing to perform your part of the contrat to get the property registered on your name at your expenses and ask him to execute the registered sale deed by receiving the balance of sale consideration amount on any convenient working day to be specified in his reply notice, failing which you would initiate legal action through court of law to enforce the sale agreement by filing a suit for specific performance of contract in which case he shall be mulcted with costs and consequences.
You can contact a local advocate and issue a legal notice on the above lines.
Sir actually we didn't made register agreement, but we made agreement on 100/- stamp papers .Sir in agreement seller clearly agreed, if he will failed to register land with in stipulated period of time then he will follow accordingly court rules.
You dont worry about the registration of the sale agreement.
You can issue the legal notice as suggested in order to make him committed and binding to the sale agreement after which you can file a suit for specific performance of contract.
As asked earlier, is there any termination clause in the agreement?
Regards
Give the seller a notice, if required give a legal notice. If still he do not help in the registration process then take steps accordingly.
