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Sale agreement

(Querist) 22 November 2015 This query is : Resolved 
The Sirs
In my sale sgreement of land it is mensioned that sale deed will be executed on or before15/1/2016 & it is unregistered The land value increasing twice in a year. I may be known that
1 . whether it is a Time is of the essence ageement ?
2. If puchaser will not come farward up to 15/1/2016
Then whether he will be treated
as ready & willing for contract ?
3. After 15/1/2016,how many time extensions I suppose to give him & for how much time periods for his will & unreadiness for saledeed .?
4.whether unregister agreement is admissible in court ?
P. Venu Online (Expert) 24 November 2015
In short, you do not want to honour the agreement for sale. You can but the at the risk of the other party bringing a suit for specific performance.
Bhika Reghiwale (Querist) 24 November 2015
Not like that it is a agreemt prepared for security pupose for borrowig loan @ of 10 % m.l.loadged complaint in court . he got no liesence also Hence sir advice req for case We have returned his all amt.still he want to aquire land fradullently We are collecting proofs for our legal safty as maximum as possible.Hence please reply if queries are accadamic It will help us On the hand my case is very strong I quoted past as a future This is agreed by me.Possibilities also solve my problem .In last if u like to help me as expert you may send your adress I can send comlete case to u for solution or give ur no.I ready to pay Thanks
Rajendra K Goyal (Expert) 26 November 2015
Full language of the agreement need to be referred, consult local lawyer.
Bhika Reghiwale (Querist) 27 November 2015
A
Full language : It is preparedon 100 rs N J bond इसार - पावती लिखकर देने वाला : मेरा नाम व पता
लिखकर लेने वाला : नाम व पता
मै लिखकर देता हूं की मेरे मालकीकी संपती का पुरा विवरण यह जमिन का आज सौदा किया रु ५ लाखमे बेचनेका
जिसमेसे रु ३ लाख चेकसे मिले.सौदा दि १२/११/०८ को किया बाकी आप मझे २ लाख दे कर दि १२/४/०९या उससे पहले कभीभी सब रजिस्टार इनके द्वारा खरेदी ले सकते है और ताबा खरेदी पर देनेका व खरेदी खर्च आधा आधा ठहराया गया है यह इसार पावती आज दि १२/११/०८ को दो पंचोके सामने बनायी व बिना किसी दबावके राजी खुशीसे बनायी गयी है पंचो की सही और हमारी सही
This is a unregistered as well as notarized . This above copy covers complete language except details of ptoperty , names & adress .He never approched me till 12/4/09.Next after one month he demanded 2 months extn which I gave Here also not come. Later after 4 month he came for next time extn for 5 momth I gave him Later he kept silence up to next 9 months mum .All are in a bond paper . Afterward he sayd he issued notice after 27 fm the initial agreement. And here he lodged a civil Suit.Time demanded clearly shows that time demanded by his will and wish in T.E.B.

T. Kalaiselvan, Advocate (Expert) 30 November 2015
An unregistered sale agreement is not admissible in law as an evidence especially for specific performance of contract.It can be treated as receipt for having received the money, discuss with your advocate and proceed further.
Bhika Reghiwale (Querist) 30 November 2015
Thanks. Sirji
Bhika Reghiwale (Querist) 30 November 2015
He paid the amt by cheque Hence on basis of 1 this agreement and 2 money paid by cheque can he loadge a suit in civil court ? Can Court admit it. i.e.for aquiring the land / return this money
Bhika Reghiwale (Querist) 30 November 2015
Also clarify whether the money paid receipt without revenue stamp is admissible in the court ?
Bhika Reghiwale (Querist) 30 November 2015
Please advice me whether it will be treated as part performanced conttract or not. If I not given any possession.


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