Land sale agreement validitity

Anandan Rajamanicam (Querist) 31 January 2015 This query is : Resolved
Dear Experts, Agree Land Sale pre-agreement on Rs.100 stamp paper but without Registration,
Advance Paid X amount and Time for Registration 3 months given, Buyer have to pay remaining amount before 3 months then agreed for Register the Sale agreement, Land will be measured for actual records,
If Buyer don't get Registered with in 3 months then he don't have rights to demand get repayment of Advance amount,
Any pre-cautions to be taken for trouble free end on this agreement.
Advance paid as CASH.. Pl. give your suggestion, Thanks.

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prabhakar singh (Expert) 31 January 2015
In some states,such as in U.P.even agreements to sale relating to immovable property can not be entered into by unregistered deeds hence better check with a local lawyer of your jurisdiction about legal position of an unregistered agreement.

Devajyoti Barman (Expert) 31 January 2015
Forfeiture of earnest money solely depends on the clause of the agreement and actual intention of parties. Time being the essence of contract in such cases is a governing factor.

prabhakar singh (Expert) 31 January 2015
Passing of earnest means buyer intended business.

When point that'time was essence of contract'gets proved before court,the party
at default can't claim specific relief of enforcement of contract.

But despite forfeiture clause of earnest agreed,the victim party can claim damages caused and proved subject to maximum of earnest.

ajay sethi (Expert) 31 January 2015
advance money ahs to be always paid by cheque . avoid cash payment . get MOU or agreement for sale drafted by lawyer