Issue legal notice to A to execute registered sale deed in favour of B
2) if A refuses file suit for specific performance
Have sale agreement but land is not registered
Hi team, Party A took 2.5 lakh loan from party B in 2004. And in return made an agreement for sale of party A' s farm in Telangana. But no registration of land has happened. Party B trusted and Party A ignored the registration for more than 16 years. The sale agreement mentioned the sale of land, but it has expired. The sale agreement does not mention any cutoff date for registration. Can party B do anything now legally to get the land registered? Party A is not interested in registering the land to party B now.
Asked 5 years ago in Property Law
Religion: Hindu
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7 Answers
No, it is highly time barred now.
Since the suit for specific performance of contract is time barred o remedies lies in favour B. He should concentrate to amicably settle the dispute and get back his advance amount.
Any suit for seeking execution of against has to be file within three years of execution. The claim is time barred. The buyer lost his remedy.
A specific performance of contract suit must be filed for registration of the property as per the agreement if it had no cutoff date.
The money must have been given by cheque.
The sale agreement is badly barred by limitation.
The money lent 16 years ago is also barred by limitation.
The limitation is 3 years only on both the above situations.
It may not be possible to enforce the sale agreement now.
However you can send a legal demand notice to return the amount borrowed , if he is acknowledging the receipt then the fresh limitation will start from the date of the acknowledgment
After that you can file a money recovery suit.
Dear Sir,
1) The limitation period for filing a claim against contact/ agreement is three years, as the same is time barred, party B doesn't have the remedy to file for specific performance of the agreement to get the property registered now.
2) Sir with respect to money that was paid the claim to it is also time barred but party B should issue a legal notice for recovery of money borrowed, if the debt is acknowledged by party A, even if he says yes to the existence of such debt, but no to the repayment, a fresh limitation period shall start. And a suit for recovery of money borrowed thereafter can be filed.
Thank you
