Breach of Agreement in purchasing Agriculture Land


Sir,

My father in law done an agreement for sale of agriculture land 4 years back with a lady for 70 Lakh.

An agreement was made for 3 months within which registration to be done by taking 10 Lakh

Later we came to know she is a real estate broker and she was trying to extension of agreement period, as she did not get any client for purchase of property

My father-in-law issued notice to do registration within agreement time, for which she fixed last date of agreement for registration through legal notice.

She failed to do registration neither came to sub register office, we informed through phone also we are waiting near sub register office and same call recorded.

After 6 months of agreement time laps specific performance case was registered by her satating few issues were there for so she did not registered

Cross examination of her completed

My father in law cross-examination pending

Recently on suggestion from lawyer we collected some 14 sale deed what she purchased for less amount and sold for 4 times more within 2 years in each case

All her transactions are less than worth 10 lakh till date…And till date she has not proven she was having 70lakh during agreement time.

She doesn't have any income apart from this business.

What could be the benefit we will get if we submit her 14 sale deed and prove her as real estate person?

Will court accept sale deed of her if we are submitting to prove her as real estate?
 
Reply   
 
Retired employee.

When the matter is in court and you have engaged an advocate, no one can guide you more than him as he is aware of all documented facts.  The occupation of the purchaser rarely counts.  The case is of specific performance and whether there were violations and if by whom and validity of such agreement to sell.  All others are not relevant to this issue.

 
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Then submitting sale deed transactions of opponent is it allowed?
 
Reply   
 
Retired employee.

The seller's duty and obligation are confined to receiving contractual purchase consideration from the purchaser.  Whether seller sells it for higher amount or donates land is not the concern of seller.  Explain your point of view to your advocate and your advocate can mention any relevant issue he likes during the argument.

 
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Yes I agree sir, as buyer has no other source of income and not proven till date they had money during agreement time (70Lakh)....

During cross buyer told she sold property and she was having money to purchase before agreement...

But Buyer sold her property for 12 lakh only...

They never had 70Lakh...

All transaction(7 Number Purchase) done by her is less than 10Lakh till date...

By producing her registered property (7Number)can't we not prove she was not ready with 70lakh to purchase when she did agreement....
 
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Even she failed to show bank statement that she was having 70lakh during agreement time....
 
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Retired employee.

When the matter is in court, and your advocate is preparing his argument there is no use in discussing these things at this point of time.  Because a purchaser is not having the amount in Bank that does not mean she is not having a source.   Many can mobilize by borrowing at that point of sale.  A seller is not concerned with the source of money of purchaser. All this should have been done before entering into an agreement of sale.  When once the agreement of sale is entered it is deemed that the seller is convinced that purchaser is having enough money and can pay at that time of regular sale.  Court hears both the parties.  Even the court may think that because the seller is getting a high price, he is avoiding an earlier sale.  Whether the property was sold after issuing notices to the purchaser was not informed by you.

 
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Gift Deed done to daughters after 6 months of Agreement expire....
 
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Retired employee.

Ultimately what happened ?  Whether daughters retained that gift or sold away?  All this is a family affair.  The allegation of the purchaser may be that in anticipation of higher price, the seller is making this drama.

 
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Property not sold, Daughters developed agriculture land by putting borewels and cultivating....

Even loan present on that land has been cleared by daughters
 
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