• Sections for favour of registered document against sale agreement

'A' written unregistered sale agreement to 'B' on 5/3/2010 . in agreement ;A' mentioned 4 months time from the date of agreement to register that land . but 'A' sold that land to 'C' on 9/7/2010 . but 'B' filed a civil dava  ( 'A' is not coming for registration )  on 17/7/2010  and asking decree on that land with the help of sale agreement in court . 'C' recently added in that dava . please give suggestions for C . C has registered documents and converted that land to non-agriculture also in 2013 and enjoying the property till now . pls give favourable sections for 'C'
Asked 5 months ago in Civil Law from Guntur, Andhra Pradesh
The sale was made in violation of the agreement, so B has the right to sue for specific performance of the sale agreement. C has the right to defend the suit as third party rights have been created in his favour. He has to contest the case on the basis of being a bona fide purchaser of land but this is a weak defence in as much as it was C's duty before purchasing the land to ascertain that the title of the land was clear and marketable.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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C is bonafide purchaser of value 

2) sale deed has been executed by A in favour of C after expiry of period of 4 months mentioned in agreement for sale 

3) the issue would be whether A was wiling to register land in favour of B within period stipulated in agreement 

4) it is necessary to peruse agreement for sale ,suit filed by B, reply of A to advise further 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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If B filed a suit in the year 2010 i.e., after C purchased the property, what prevented C from getting impleaded in the suit as a necessary party since he purchased the same even before the suit was filed and he was very well in the knowledge of pending litigation.
Also what prompted C to go for conversion from agriculture to non-agriculture while there is a litigation pending in the property.  
This proves the casual attitude of C or his scant respect for law.
Now C has nothing to do than challenge the case filed by B or to go for a compromise with B involving A and try to get a settlement out of court instead of losing the entire property at one stage if the court decides in favor of B.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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please give the position of  'C' .

Though C has no direct role to play in this suit but since he purchased the property and had undertaken further developmental activities in the property he has to exercise caution before venturing into more investment in the property till the disposal of suit. 
C can follow the suggestion made in my previous reply
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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1. B is in the right way in filing the case against A for peforming specifically as per the agreement executed by him,

2. C also should take the stand that the agreement between A and B were not registered as per the Registration Act for which the said agreement is in valid in the eyes of law,

3. C should claim that A should bring charge of cheating against A and the sale deed registered in his favour by A is perfectly valid.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
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1. Since the agreement entered in to by and between B was not registered it has no legal teeth by which B can claim the said property,

2. So, the legal position of C is very sound in connection with the property he has purchased from A.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0

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