Two different title agreements on same property between same persons
One rent agreement was executed in the year 2009 for five years i.e. till 2013. In 2011 both parties mutually agreed and executed one agreement for sale for the same flat for which previous rent agreement was executed.Both the agreement are unregistered.Now the owner of the flat is saying as the previous rent agreement was not cancelled and it has its life, the later agreement for sale is not valid. The prospective buyer has already paid an amount of 4 lacs while executing the agreement for sale. Now, what would be the relief for the prospective buyer? which agreement will be valid ----Rent agreement or Agreement for sale ?Please help in giving the solution to the above problem.
Asked in Property Law from Kolkata, West Bengal
Under which act relief can be obtained by the aggrieved party. Please mention the sections also.
Asked 1 year ago
The prevalence or existence of rent agreement is hindrance upon the seller of a property to transfer the tenanted property.
The rent agreement in no way makes any bar.
So here the seller can not take the plea of rent agreement for not proceeding with the sale agreement.
So ultimately the seller refuses to complete the sale the buyer cna file a suit for specific performance of contract to complete the sale.
1. When the tenant signed the agreement for buying the flat, he need not cancel the tenancy agreement,
2. If he buys the flat then he will be tenant also to the fresh owner who is nobody but himself,
3. Had the buyer been someone else then the Tenant would have paid the rent to the new owner of the house,
4. So, in this case also legally he is not supposed to pay the rent to the earlier owner for which it is not mandatory to cancel the tenancy agreement by the Tenant before executing the sale agreement.
1) it is necessary to peruse rent agreement and agreement for sale to advice .
2) once sale agreement was entered into for rented property the rent agreement would not survive
3) there must be recitals in agreement for sale regarding rental agreement being terminated and sale deed being executed for the said premises .
4) contact a local lawyer
1. The rent agreement stands superseded by the agreement to sell. The previous agreement was not required to be cancelled by a specific act.
2. The prospective buyer should file a lawsuit to seek specific directions from the court to the seller to honour the sale agreement and register the sale deed in his favour.
Both agreements are executed for two different purpose. The ingredients are also different .Up to 2014 the agreement for rent is not valid.(One rent agreement was executed in the year 2009 for five years i.e. till 2013).
The buyer can approach the court for getting the property as per the agreement and if needed deposit the balance consideration before the court for showing as he is genuine purchaser under the provisions of specific performance of contract.
Hi, rent agreement if it exceeds more then 11 months it has to be registered so the rent agreement is not valid as it is more than 5 years.
2. As far as Agreement of sale is valid, if the owner of the property fail to execute the sale deed then purchaser can file a suit for specific performance of the contract.
3. If the purchaser does not want property then he can file a suit for recovery of money after cancelling the agreement.
The rent agreement and the sale agreement are two different subjects.
There is no reason for mixing both together.
As a matter of fact both the unregistered deeds are not admissible as evidence in law.
However, you should have filed a suit for specific performance of contract within three years from the date of execution of sale agreement.
contact a local advocate with all papers and get his advice in person about next thing to proceed in this case.