Sir The first agreement of sale was done on 2nd April 2013 and on the agreement it was mentioned that if I cant pay within the specified three months time I will pay the money with interest and the deed was registered with sub- registra. 2. The second agreement was made on 9th January 2014 by same person it was written as amendment to the previous deed and the clause of money to be paid with interest was deleted by the person and the deed was registered with the notary 3. The third was done on 19th April 2014 and it was registered under notary now it is almost six years, now the person has still not paid any besides the amount paid at the time of the agreement, last three years we are negotiating with the person but person is just harassing my family giving excuses . Can you help me finding the solution?
Please suggest me what I can do?
You can go by registrar agreement i.e. is first agreement as it has been registered and ask money with interest accordingly because other two documents are not registered its just notarized.
So you can send a legal notice on the basis of first agreement.
If it is registered it cannot be cancelled unilaterally. If possible then cancel after putting him on notice.
Regards
G.Rajaganapathy
If you have not registered a cancellation agreement to sale with Registrar than you first agreement is still valid.
1) it is necessary to peruse agreement for sale executed by you to advice
2) issue legal notice to purchaser to make balance payment
3) if he fails to do so sue the purchaser to make balance payment
- Your query/question is not clear to answer satisfactorily.
- However,Yes, you can cancell the Agreement to sale , if other party is not complying the clauses of the greement
- Send him legal notice after narrating the details and thereby infrom him that the said agreement has already been cancelled.
- Even the Agreement to selll is valid for only three years.
- Further , Since, the last one is notiarized and not registered , hence the same is not a valid document as per law , and cannot be considered as valid evidence.
Good luck and dont forget to rating Positively.
See if the time limit of agreement is over you can serve a legal notice for.cancellation of the agreement and a suit for same can be filed before the civil.court under specific relief act.
See the person is not taking any steps to.get.prpeprty.registered the agreement can be registered.
Dear Client,
You may case file a Specific Performance of the Agreement. You will get back your payment with interest.
- If the specification according to contact are not met, you have the right to cancel the agreement.
- If you wish that the terms to be taken care post you have fulfilled your obligations, than file the petition under specific performance and contest the same
Regards
Vivek Arya
1. Your first registered agreement is valid over the notarised agreements executed subsequently.
2. You can file a specific performance suit against the said nperson as per law.
File specific performance suit claiming interest as suggested in my earlier post.
you can cancel the agreement to sell as the purchaser has failed to comply with the terms and condition of the agreement. The cancellation of an agreement to sell (sale agreement) depends on the terms mentioned in the agreement.
You should consult a good loc lawyer and draft a legal notice and issue.
You can file a suit for recovery or specific performance against him and recover the same
If the purchaser is at default of payment after agreement with advance then you can cancel the agreement by sending him a legal notice through your advocate
give him a time of 30 days for registration of sale deed by paying full consideration.
If he fails to pay the complete amount you can cancel the agreement without paying any money to him.
Or you can refund the advance without interest and cancel the agreement.
The first one was registered with the registrar and the rest of them were registered with the notary. Therefore this is a discrepancy which must be corrected. But as he is not honouring his commitments you can file for performance of the contract in the civil court.
Regards
All the agreements shoukd be signed by the same party.
The agreement for sale is valid only for three years from the date of its execution tht too only for the agreements made by a registered document.
The notarised agreement for sale is basically not valid and cannot be enforceable in law,.
Hence the agreement for sale which is barred by limitation can be ignored.
As the agreement is barred by limitation it cannot be enforced in law.
Hence the parties to the agreement may enter into a mutually agreed solution or to ignore the same.
you will have to file a suit for specific performance of contract against the buyer
as the limitation period has already lapsed, you can state that the agreement was orally extended by the parties from time to time on a mutual basis and the agreement is still subsisting and binding between the parties as on date
We already cancelled that persons notorized power of attorney which he took after following procedure and we already send notice to him through lawyer to do sale deed after doing remaining payment. It's almost 5 years for this. After which that person done these notorized deeds so we don't ask him the interest money which was mentioned on the first registered deed. After each deed he gave 1 lakh each and he mentioned on the notorized deed that he gave 1 lakh . My family is helpless and they are old . But still not paid full amount agreed as per the first registered deed as that person is also a lawyer by profession. What can we do?
You can file a suit before the court for cancellation of the agreement se the agreement is not honored the time has passed and the person took no steps for the registered deed.
you ought to file suit for specific performance against the purchaser to direct him to make balance amount due and payable
You need to get it cancelled through filing of course
Engage a lawyer and file an fir agaisnt these people.
1. You should send him a legal notice informing that the property will be sold to a third party if he fails or refuses to pay the balance amount with interest within next 15 days.
2. Thereafter you can sell of the said property to a third party.
3. You might have to return the amount paid by him if there is no forfieture clause in the said Registered Agreement.