AGREEMENT TO SALE UNDER TRANSFER OF PROPERTY ACT

Querist : Anonymous (Querist) 25 August 2010 This query is : Resolved
We has been executed an agreement to sale and in that agreement to sale the Seller allready handed over us(Purchaser) the possession along with Part consideration. the required stamp duty is paid for the said agreement and thereafter it was Registered.

After that one 3rd party file an suit for recovery of money on the saller & in that suit he has file attachment before judgment application,

Is there any judgment that the Agreement to sale would be consider as sale Deed or is there any judgment on whose basis the said application of Attachment before Judgment application would be rejected.

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s.subramanian (Expert) 25 August 2010
There is no law to treat the sale agreement as sale deed. As a fact,the sale agreement does not create any title under law. It is a matter between your seller and his creditors. Attachment before judgement can be sought. If the agreement is prior in time,the attachment will not bind you. You can proceed to seek execution of sale deed ignoring the attanchment order.