Depends
An unregistered sale agreement or deed does possess any validity. Does a buyer hold any rights on the unregistered sale agreement or deed. In this case a sale agreement was signed 2 years ago.
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1. The sake agreement can be enforceable under the eye of law under many circumstances. For example on this basis case before the Consuelo forum cab be filed.
2. However for civil suit like suit for specific performance of contract or suit for declaration the ale agreement if relied on can be impounded by court.
3. Withing 3 three years such suit is to be filed.
Dear Client,
You must get the sale deed registered. There is 3 year limitation. You may still file the case for Specific Performance to get the sale deed registered in your name.
On basis of unregistered agreement for sale buyer can file suit for specific performance
unregistered agreement for sale is admissible in evidence
1. Yes, the unregistered agreement can be admitted in court as evidence of the transaction.
2. The buyer may file for specific performance of the agreement.
3. Validity of the agreement can be seen from the agreement itself.
A sale agreement was signed, but not registered. As per the agreement Within 3 months the buyer have to register the land, if the buyer failed to register the advance amount cannot be refunded. The agreement holds 3 months time. but in this case no communication from the buyer for 2 years.
Non registration does not affect validity of agreement for sale
2) cancel the agreement and inform buyer that advance has been forfeited for failure to make payment within period of 3 months
In case the buyer has not performed his part of the contract and no notice from the buyer from last two year, then if the buyer goes for the suit you may contest the same in the court.
Unregistered sale agreemnt is invalid. But if it is executed on stamp than can be enforced by order of court.
Buyer have failed to make payment and registration of sale deed in given time. Agreement expired, seller is entitle to forfeit advance payment.
Yes if he has not turned up to register the land it will stand as cancelled. It's very important to mention such condition in the said agreement itself. You can cancel the same and if he objects you can go to court
- As per law, unregistered agreement not admissible before the court if it is made for property transaction.
- However, the validity of an agreement is 3 years from the date of execution .
- Since, the said buyer having no communication , then after sending a notice to the said buyer you can cancel the deal with him , and sell another person legally.
Hello,
As per Registration Act 1908 and Transfer of Property Act ,registration of sale agreement is compulsory and mandated under the provisions of law to enforce the suit and cause before the Court of Law.
Therefore, in your case no validity in law for unregistered agreement or deed between the parties.
An unregistered sale agreement is not legally not enforceable in court of law.
However it can be used to recover the money given towards advance for sale consideration amount.
The seller can issue a legal notice to the buyer stating that as per the conditions of the unregistered sale agreement the buyer has to perform his part of contract in the period of three months by paying the balance of sale consideration amount and get the property registered on his name, however since he has failed to perform his part of contract, the sale agreement stands cancelled.
You send this notice by rgistered post and wait for his response after which you can initiate further action as per law
A agreement for sale does not create any right or interest in favour of the buyer in respect of the property which is the subject matter of such agreement
See section 54 of Transfer of Property Act
If the agreement requires certain obligation to be performed by the buyer within a stipulated time and the buyer does not take any steps for that, then the seller can deal with the property in any manner he likes since the agreement with the buyer stands automatically terminated upon expiry of the stipulated time stated therein
Validity of the agreement is determined by the contents of the agreement.
Once the purpose/ object of the agreement is completed, it is called executed agreement.
If no period is mentioned not inferred from the wordings of the agreement, we can assume three years
you can cancel the agreement 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.In your case, the agreement provides for payment of the balance amount within 3 months, a condition which has been dishonoured by the prospective buyer. Thus, you can proceed to cancel the agreement by issuing a legal notice to him through your lawyer.
That is an agreement to sell, not a sale deed. Anyways the period has expired. The agreement stands cancelled.
If the agreement was originally valid only for 3 months, it lost its legal force after the deadline, unless extended by mutual consent.