Once registered sale deed has been executed you are absolute owner of the property

2) I presume full consideration was paid by you and possession delivered

3) you can file suit to set aside subsequent sale deed and for declaration that you are absolute owner of the property

Sir if the other party of the agreement has taken steps for same for execution of the agreement and the other party is not registering property then specific performance can be filed. Though the time of agreement for execution was 6 months so delay has to be established for specific performance suit.further a FIR against land owner can be filed if there is cheating .

A. Time is the essence of Contract, Agreement was valid 6 months only as per the terms of Sale Agreement. Hence, agreement would be ineffective once the time is lapsed. However, registration of Sale Agreement must be cancelled between Seller and purchaser before the Sub Registrar Office in the event of not willing to continue with the property deal. Else the property transaction will always reflected in the Encumbrance Certificate as Transaction in Form No. 16.

B. Second point is that sale agreement (2008) cannot be operated as the time is lapsed and further agreement was executed by the Land owner in the year 2012 towards same property as he deemed earlier Sale Agreement cancelled. However, there is some lacuna in respect of cancellation process of Sale Agreement(2008). In such being, you can file a suit for specific performance of contract but success of the case is very low as time is expired/barred. You could try to file Specific Performance of Contract if you satisfied the Court for delay.

C. Finally, verification of all the terms and conditions of the Sale Agreement is very essential for more clarity.

Dear Sir

Normally itscvaludity is 3 years if time is not fixed but in this case time is fixed as 6 months. Further it is not known whether such first agreement is subject matter of pending suit and any relief is claimed. Depending upon findings on each issue I can say whether you can go in appeal or not.

The registered sale agreement is valid only for the period which is intended for and is specifically provided in the agreement but think is the property is in the partition and is not available for clear position in that case even a verbal agreement can be infused in this regard that the property was not available for clear position and that was the reason that the property cannot be registered bill in time as per the agreement. This matter is contestable in the court of law for the execution of registered sale agreement

The agreement for sale is valid for three years. If there is a negative clause in the agreement, say, the buyer has to register the property within three months’, then, the limitation is extended by such period.

It is in your interest you comply with the following in spite of negative clauses favoring you found in the agreement:

If sale is not registered, then, you have to issue notice of revocation and cancellation of agreement even though the agreement is cancelled by flux of time. Validly cancel the agreement. It is always advisable to do this.

It all depends on the clauses framed in the agreement.

It is always good to refund the advance taken.

There are many citations from various courts of law. I think it is not required to be shared at this juncture.

Hello,

You want to file an appeal against what?

Kindly clarify