Cunning buyer,need guidence
Mr.LOGANATHAN.R
(Querist) 21 February 2013
This query is : Open
Dear sirs,
I am the absolute owner of my ancestral property of agricultural Land with patta on my name.I had signed a unregd sale agreement on 31.07.2008 with Rs two lakhs by bank cheque as advance (only 6% of agreement value) with mentoining that he should register it within 9 months (exact last date not mentioned) by paying balance amount.If fails the agreement will void.Not mentioned about the forfeiture of advance amount.
Infact in the agreement my sons aged 25 and 23 names also typed as 2nd & 3rd sellers.But I had only signed in the agreement and received the above 2 lakhs cheque.Buyer orally accept that my sons would sufficient to sign during registration,since my elder son was at USA on job & younger son at college.After I got general power of attorney from my elder son and registered it with District registar on 06.10.2008.I furnished copy of it to the buyer on person (failed to get acknowledgement) and asked to register the land at the earliest.
He purposely not turned up within the agreement period,may be he has not get expected appreciation.I first send a notice on 25.07.2011 through a lawyer stating that the sale agreement cancelled as per the clause contained in the sale agreement and the advance amount also forfeited.He received it on 26.07.2011.But on his lawyer notice (dt 01.08.2011) received on 04.08.2011,he simply asked to come for registration on 04.08.2011.I obstrained.Reason,1)I had already cancelled the agreement thro'lawyer notice. 2)He was not came for within 9 months of agreement.
He filled suit against my share for specific performance On 30.04.2012.
KINDLY GUIDE ME(if possible with section no.)
1) Which date, his 3 years legal claim expires?Is it geneune?.He has not made any payment other than advance.
2)Whether my stand on forefeiture is correct?
3) Buyer not approached orally or writing within the 9 months of agreement, but he filed the suit,stating that I had delayed inspite of his oral request!how I face it.
