Performance of agreement to sell
Dear Sir, I have a query and will be grateful if you can share your views on the same. I am the owner of a flat in Rajasthan. an agreement to sell was signed on 100 rs stamp paper on july 2013 saying 4 lakh given in cheque & 2 cash given but cheque n cash were not given ever, but i signed the agreement on good faith on verbal commitment it will be given in 1-2 days after signing the agreement.
Later on they refused to give (verbally). no correspondence were ever made in 30 months but on may 2016 received a notice to execute the performance of agreement to sell.
No cash Receipt were signed by me, only it is mentioned in agreement to sell that 2 lacs cash given.
Please suggest a legal solution to my problem. Thanking you in advance.
Asked 2 years ago in Property Law from Alwar, Rajasthan
Submit your reply to notice that although agreement to sake was executed no consideration changed hands
2) mention that cheque of Rs 4 lakhs was not received nor cash received
3) in your reply to notice you have to take the plea that question of specific performance of agreement does not arise
4) contact a local lawyer and send detailed reply to legal notice
1. You should never have signed the agreement if it said that advance was given which in fact wax not given. By signing an agreement which you knew contained false statements as to payment of advance to you, you have given sufficient ammunition to the prospective buyer to make you liable under the civil and criminal law.
2. If you have received the lawyer's notice then send an appropriate reply through an experienced lawyer.
If you have not receive any cash amount for sale consideration then you can deny the same while replying to their legal notice.
You may ask them to prove the same.
However since you have already signed the agreement that shall become the receipt so you have to exercise caution towards it.
In any case an unregistered sale agreement is not valid and not admissible as evidence in court, there are supreme court judgments to this effect.
In any case you may first give a reply notice denying the allegations and then challenge the same before the court if he proceeds with the suit for specific performance of contract.