Sale Agreement - Breach
Noorjahan
(Querist) 04 August 2010
This query is : Resolved
Respected Lawyers,
I am a homemaker from tamilnadu. I have entered a sale agreement with one person for buying a land of 3200 Sq.Ft on 7.5.2004.
As per agreement the total rate fixed was Rs.3,78,000.00 and has taken Rs.3,00,000.00 on the same day and Rs.50,000.00 on 30.06.2004 and left his possession by surveying and gave the original documents (Original Will Document, Chitta, Adangal) to us and he has agreed to take the balance during registration. The registration initially delayed due to NOC from Panchayat Board, later when things gets settle down he is hesitating to register because the increase in market value and trying to sell the land to someone.
Till now we are enjoying the possession but still an vacant land. He is asking us to take back the Rs.3,50,000.00 money and leave the possession. We are asking the them to register the land with the help of the family members who witnessed during the transactions.
Being my husband a neighbouring panchayat board president no one is taking the risk of purchasing the particular land. Now my husband has become ill a renal failure patient, so we are planning to approach the honourable court for getting registered.
Please advise how to go forward on the same.
Thanks in anticipation.
Regards,
KMH NOORJAHAN (09486131700)
Y V Vishweshwar Rao
(Expert) 04 August 2010
Issue Demand Notice requiring the Vendors to execute Register Sale Deed ( the possession is with you) If the reply is refusal,then you file a suit for Specific performance ( the Possession is with you) only Title Transfer by Registered Deed is required . The NOC legal requirements to be complied by the Vendors - Three years from the date fixed in the agtreement /or/ from date refusal to performe vendros part- is time limit
However the Terms of the Sale agreement to be verified by local Senior Advocate to advise properly in terms of sale agreement & Possession with purchser .
jayeshmankodi
(Expert) 04 August 2010
i am totally agreed with y.v.vishweshwar rao.pls.follow the same.
jayesh mankodi.
Noorjahan
(Querist) 04 August 2010
Respected lawyer,
Please advise what are the documents required to prove the possession with us being an vacant land. We have completely fenced it and made sure that it is free from trespasser.
As per the terms of Sale Agreement the vendor has to execute the deed to the purchaser within stipulated time period of three months without any encumbrances, also there is no other commitment regarding possession by either of us in terms of sale agreement.
As mentioned three years period, now it is almost six + years, neither i have not received a notice from him for denial of executing the deed nor i have issued a notice till date for executing the deed.
At this scenario, whether i can sue him to perform as per Specific Performance Act by giving him a notice or is there any alternate solution for the same.
Best Regards,
KMH NOORJAHAN.
Y V Vishweshwar Rao
(Expert) 05 August 2010
In the Sale agreement it is mentioned as Three-3-months time - NOC and other local area legal requireemtns to be complied by the Vendor - Rs;- 28,000/- to be paid -( more than 90 % paid ) NOC not obtained - Rs;-28,000-00 to be paid at the time of Registration- NOC is the obligation of the Vendor-The Possesison is with purchaser-so long the Vendor not complying his legal obligation of obtainign NOC and gettign ready for Registration-the time limit fixed in the sale agreement is deemed to be extended - with this view & as land possession is with purchaser- consult any local Senior Advocate for takign furhter steps in this regard - Your place in Tamil Nadu may be mentioned -The LCI Tamilnadu Advocate- memebrs will help you and I can suggest You any of your local area Senior Advocacte/s !
Noorjahan
(Querist) 15 August 2010
Respected lawyers,
With reference to the trailing and subject matter, We have approached the local area senior advocates for issuing the notice to the vendor, But they refused to do so since the same should be issued within three years of time. Also they said the agreement has expired and we cannot ask him to perform as per specific performance after three years of time.
At this scenario, whether how can i sue him to perform or is there any alternate solution for the same.
Please advise.
Best Regards,
KMH NOORJAHAN
