• Sale agreement

Sir, kindly clarify my doubts. For a land, buyer created a sale agreement with seller (Agreement Registered - 23/12/2019) for 11 month. Buyer paid the entire amount to the seller.

In Agreement mentioned, agreement not valid after said period & seller have to repay the amount paid.

 In this state seller not co operating for sale deed registration. Is possible to sale the said property to others without cancelling the registered sale agreement by buyer?

& 

Is possible to claim the land after the said period by buyer?

&

Is need to file suit against the seller means, what is the time limit?
Asked 3 years ago in Property Law
Religion: Hindu

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23 Answers

If buyer has paid the full amount within said 11 months than title will get transfer and sale deed is complete as per the sale agreement. 

 

Now needs to check who has got the possession of the land. buyer or seller ?

 

Buyer should take possession of the land 

 

If amount has been paid within 11 months than  buyer can claim the land.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

File suit for specific performance against seller to direct him to execute registered sale deed in your favour 

 

seller cannot sell the land to third party 

 

if he does so file suit to set aside sale deed

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Unilateral cancellation is not possible 

 

full payment has been made to seller 

 

he should execute registered sale deed in buyer favour 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Eleven months would expire on 22.11.2020.  Before 22.11.2020, seller cannot sell the land to anyone until and unless he returns your money. 

Now, what you have to do is that before  expiry of period of agreement send him a legal notice calling upon him either to get the sale deed registered  before 22.11.2020 or return your money failing which a suit for specific performance of the agreement shall be filed against him.  If there is any  reaction from the seller, it can be welcomed but if he doesn't and adamant to sell the land to someone  else, file the suit against him.   Take the help of civil lawyer.  Good luck. 

 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

If you're going to ask all split questions according to your understanding of sale deed so you will be receives answer from us according to that.

 

After answering all questions still you expect to answer each and every questions no matter whether same repeat question has been asked in different way.

 

You couldn't understand answer of simple English that's not our fault.

 

Please be provide sale deed for review because some time layman do not understand legal language.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

The seller cannot sell the property to a third party buyer without cancelling the registered sale agreement, for that he need cooperation from the previous buyer.

Buyer cannot claim the land until it is registered on his name.

The buyer can file a suit within three years from the date of sale agreement  for specific performance of contract.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The seller cannot sell the property to a third party buyer without cancelling the registered sale agreement, for that he need cooperation from the previous buyer.

Unilateral cancellation of registered sale agreement is not allowed and it is illegal.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If it's cancelled unilaterally then affected party can approach Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Your best course of action would be to file suit for  specific performance under section 34, 37 and 38 of Specific Relief Act and suit for permanent injunction and declaration of title suit .

You may block the seller from selling the property to anyone except you without returning your entire amount with interest. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

It is not possible for seller to sell his property without canceling sale agreement. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Sale agreement is valid and enforceable before court for the specific performance under Specific Relief Act against the seller for next three years from 22nd October 2020 to 2023 as per Limitations Act.

You may enforce your rights till 22nd October 2023 but I would advice you to file suit immediately for specific performance against seller. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

File a case to get back the money or land.

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. No it is not possible to sale property to other buyer without cancellation of previous agreement because consideration for sale is already paid by buyer. 

2. Yes buyer can file suit for specific performance under specific relief act for registration of property on his name even after sale of property to third party.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Buyer should file suit of specific performance and obtain stay on sale of property. Seller can sell if no stay from court without cancelling ATS. 

Suit Should file within 3 years.

Is unilateral cancellation of sale agreement possible? -- NO

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- As per law, the limitation period of filing a suit before the court is three year from the date of agreement. 

- Further , if the seller has already received the total amount , then he is bond to execute Sale deed in favour of buyer or to refund the entire amount with interest. 

- If the seller has refused for the same , then the buyer can send a legal notice to the seller , and on refusal the buyer can file a suit for specific performance & Permanent Injunction on the ground of that registered agreement , for getting direction in his favour and to restrain the seller to sell the property to third party. 

- However both can settle the dispute in the court and outside court as well, and after the amicable settlement , they can cancel the said agreement . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

No, unilateral cancellation of sale agreement is not possible 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you may file a case of specific performance of the contract. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If both purchaser and Seller agrees, no problem. Otherwise, you have to approach the court of law and convince the court to cancel. Court will cancel if the terms of the contract are breached. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Dear Sir/Madam,

You are suggested that the unilateral cancellation of sale deed not possible and the buyer can file the suit of specific performance. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The buyer has to file a suit against the vendor for specific performance under the agreement of sale, after issuing legal notice. After the validity of the agreement the risk of vendor may selling the same property to someone else very much exists.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

If the seller has taken the moeny and is not honouring the agreement file a suit for specific performance of contract against him.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

If the sale agreement has been done then a suit for cancellation of sale deed can be filed in the district court.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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