• Sale agreement

Sir,
 we are purchasing a property in Coimbatore. The area is 19 cents and value 5,70,000/-
We made an agreement stating that the land will be registered by us in 6 months. The agreement made on  1.10.2014 and paid 4,00,000/- and the agreement was registered.Again we paid 1,00,000/- and got the receipt from him. Now the land owner demanding more money and deal is under negotiation. Now i want to know that the agreement is ending on 31.03.2015 that means tomorrow. Does the register agreement has further validity or it will expire tomorrow? If it expires tomorrow, how should i proceed further.? And if the negotiation is not favour for us how should I proceed to get the money back should I include any other charges. Can u please clarify.

Thanks

Aarthi
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) as per agreement for sale you were required to pay only Rs 5,70,000 

2) agreement is duly stamped and registered . 

3) forward demand draft for balance amount of Rs 70,000 to seller 

4) request seller to deliver vacant possession of the land 

5) the terms and conditions of agreement have to be perused to advice . 

6) if seller fails to hand over possession in spite of payment of full consideration issue legal notice and file suit for specific performance 

7)if seller is adamant you can agree to execute deed of cancellation so that seller refunds your Rs 5 lakhs with interest 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1) it is necessary to peruse clauses in regd agreement entered into by you to advice . 

2) if it is agreement for sale and provides that sale deed would be entered into provided full payment is made within period of 6 months only then said agreement would expire on 31st march 2015 unless extended by mutual consent of parties . 

3) there must be a clause regarding payments already made  to the seller . 

4) there must be forfeiture clause in the said agreement in case full payment not made 

5) consult a local lawyer 

Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
Hi, if he does not come forward for the registration then you have to issue a legal notice ask him to register the property in your name.

2. Thought the agreement is valid tomorrow and you are ready and willing to register the property but due to failure on the part of him you are unable to register the property.

3. So issue legal notice ask him to come and execute registered sale deed in favor of you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) as mentioned earlier send demand draft of  Rs 70,000 for balance amount . 

2) you should show that you are willing to perform your obligations under the contract . 

3) it is necessary to peruse agreement to advice . 

4) you have not mentioned whether you are in possession of land or not 

5) regd agreement would expire tomorrow unless extended by parties 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. The seller cannot demand more money than what has been mentioned in the agreement. Once an agreement is entered into it cannot be unilaterally altered. 

2. The seller had to make the registration in your favour on or before 31.03.2015. 

3. If the seller does not perform his obligation by tomorrow then you can drag him to the court to compel him to perform his obligation under the agreement. 

4. Alternatively, you can sue him for recovering the amount paid to him. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The document will cease to exist after tomorrow, but this does not prevent you from entering into a fresh agreement. 

2. You should issue a lawyer's notice through your lawyer to him demanding that he should perform his obligation, failing which you can sue him for breaching the contract. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. As per the registered agreement, you had agreed to register the sale deed with in 6 months i.e. 31.3.2015,

2. Registration of Sale deed is conducted not only by the buyer, it requires the presence of the sellers/vendors also for apending his/their signature/s before the Register,

3.If the seller has refused to register the sale deed and asked for more money for doing so, you can file a complaint case before the local District Consumer Dispute Redressal forum alleging deficiency in service claiming immediate registration of the sale deed, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You have registered the the Sale Agreement,

2. We do not know ahat were the clauses mentioned in the said agreement. Was it mentioned that if the entire money is not paid within 6 months, the agreement will be treated as cancelled? Was their any forfeiture clause in the said agreement?

3. Whether the agreement becomes invalid after 6 months for non compliance of terms and consitions can be confirmed only after perusing the said agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. The agreement is required to be seen as to how many days it has life,

2. If you have complied with all the terms of te agreement and the land owner refused to comply with the term of the agreement by registering the sale deed against your request, then file the comsumer case as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
A. Better, issue a legal notice by RPAD to the Seller to execute Sale Deed as per the terms of the agreement.

B. Once the property agreement is registered then it will be reflected in the EC, therefore it is not easy to remove unless execution of cancellation of the agreement before the Sub Registrar's office. By doing so, the third party will not enter into a new contract because of your transaction entry reflecting in EC.

C. Even though your agreement time is completed, you can approach the Court by filing a suit under the Specific performance of  the Contract after the issuing of legal notice. Once you filed the suit, file an interim application under order 39 Rule 1 and 2 for not to alienate ( transfer) the property till disposal of the suit.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0

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