Hi, it is advisable to mark your appearance at the registrar office in the day of sale deed , so that they do not have any grounds for initiating legal action

Reply to legal notice mention that sale deed cannot be executed on account of stay order being passed by court

That your application forcsetting aside stay order is pending in court

Offer to cancel the deal with mutual consent

1. The sale agreement does not create any interest in the property.

2. So apply to get your self added as party in the suit filed by the third party and file a petition to vacate the order of injunction, f any.

3. If there is no order of injunction then you can cancel the agreement and proceed to sell to another person.

4. So vacating the order of injunction should your priority.

Sir you should reply the notice stating the stay on property further the clause regarding any suit pending in property has to refereed from the agreement.

if you fail to register the buyer can seek specific performance against you to honour the agreement. So you should anyhow get the stay vacated and present for registration. in alternate you can mutually with the party can cancel the agreement the buyer can seek refund of amount as sale agreement doesn't confer any title.

you should reply to it through a lawyer.

Civil procedure code 1906 ,provides stay of order as per nature of the case .

Firslty, you need to reply to their notice in a very hand full mannner.

Secondly, though agreement has been made, and I believe that you may have taken some amount also from them.

Thirdly, even if no money taken then also you may have to return their money if it is been mentioned in the agreement as per any clause therein.

Fourhtly, if no amount then scrap the same as you have valid ground also for on going litigation over the said property.

Histacure agreement if it has any force Missouri clause. If not there must be an exit clause in the contract as you are forced due to the stay on the land and you cannot go for registration of sale deed you may return the amount received along with the interest if it is chargeable to the other party and the same you can reply in the notice.

1) One month is remaining for your agreement to sale than you can proceed with them by taking your full consideration what you have mentioned at time of the agreement.

1. yes reply to the notice

2. if there is a court stay order not to create any third party rights, then you can ask the buyer to obtain permission of court to enable you to make a sale deed in buyer's favour. Inform buyer that till the time the stay order is operational, you will be unable to execute sale deed because doing so would make you liable for contempt of court

you cannot say that i am ready to execute sale deed as there is stay order issued by court

2) does not make sense in having your appearance noted before sub registrar office

This is my response to you:

1. This is subject to the terms and conditions of your agreement for sale;

2. If the terms state that you have to make a sale deed within one year then you are legally bound by it;

3. But if there is a clause which states that sale cannot be made then you are not legally obligated then you nothing to worry;

4. Or a clause stating you can back-out as and when you want then you have full merits;

5. If the third party has created a claim on the property then you obviously cannot sell it to the second party;

6. Tell the second party since it has become a court case you have no say in this;

7. Ask the second party to file a case against the third party to seek reliefs.

Let the currency of this agreement (1 year) expire and that is when you can give them a legal notice through your lawyer cancelling this sale agreement.

If there's an order of status quo, in any view of the matter you cannot comply with the sale agreement.

Buy time and make your efforts in between.

Have you received just a notice or whether the buyer has obtained a stay order against you to not to alienate the proeprty?

If it is just a notice then you may first go through the contents of the sale agreement and find out the reasons to reject his offer for further process.

If it is from court then you may have appear before court and file a petition under Order 39 Rule 4 to vacate the injunction order on the grounds and reasons that you may rely upon.