Abu241289 07 May 2018

Unregistered agreement to sell and subsequent cancellation d

Dear sir,

I have entered into an agreement to sell my property to Mr.X and it is stipulated that he should complete the sale within one month of the agreement date. Even after three full years he failed to buy. Then I have sold the property to a third party. I also paid Mr.X the amount he had paid me as advance and additional payments at intervals. While paying back Mr.X we had executed a compromise deed and I also recived a receipt for the payment he received back from me.

Please advise what is the effect of the unregistered Cancellation Deed and the payment voucher/receipt?

Can the buyer has any right for specific performance on the basis of the unregistered agreement?

Reply Follow

1 Replies

manoj 07 May 2018

when once earnest money is refunded you no need to worry about the agreement. when you repaid the money you would have taken the original agreement. But you did not take the original agreement even though you paid the advance money. He may not proceed for civil suit against you, because after execution of the agreement the vendee should file suit for specific performance within three years. even 2 and half year delay is not acceptable as per supreme court guidelines. if you want i will provide the citation as i discussed.

v e manoj kumar

advocate

8686159292