Agreement to sell an agriculture land
rajendrathakor
(Querist) 04 March 2013
This query is : Open
Dear sirs,
I had made an agreement to sale (BANA CHITTHI) on Rs.100/-stamp paper (UNREGISTERED) to purchase an agriculture land as on 10/03/2011.The value of land is approx. 5 crores which is shown in the agreement.There are 6 names in the 7/12, three has signed the agreement. I had made payment of Rs.500000/-(five lakhs) in cash which was shown in the agreement .and Rs 1000000/- (Ten lakhs) cash as on 21/04/2011 on simple voucher signed by one of the three sellers. I want to clarify that voucher does not say about the payment is against the purchase of land. The clauses in the agreement are general except one which says as follows:
" from the date of agreement to sell, the seller of land shall give title clear certificate within one month and the seller will execute sale deed after receipt of the remaining consideration within 5 (five) months from the date of Title clearance certificate. Moreover in above term the agreement to sell would be automatically cancelled after passing due date and the purchaser shall not file litigation for specific performance about the said land in any court."
I was unable to pay the remaining consideration and no capacity to pay this huge amount. This agreement was done to resell the land but couldn’t find the purchaser. Now I have received the notice as on 8/02/013 from the seller’s advocate stating that we have forfeited money & our client has given you title clearance certificate as on 3/04/2011(even though they hadn’t gave me) and your agreement was stands cancelled as on so and so date , you had/have /will have no right in our land .After a week I had given a notice by advocate stating that you were unable to give me title clear certificate due to family crashes and I am ready even today to make payment and purchase the land at previous rate. After receiving my notice,they had given me another notice containing copy of title clear certificate. I want to clarify sir that as per condition they had taken title clear certificate without any fault.
Please advise me sir what are the remedies available to me? Can I file litigation?
