Agreement to sell

dashrath patel (Querist) 23 November 2012 This query is : Resolved
I had unregistered agreement to sell a land with buyer two years ago.The land is heirloom property of my father & other 4 brothers.The agreement is signed by only 3 of them. two witnesses are illiterate..moreover one clause in the agreement says that in case of passing the due date of whole consideration will automatically cause the agreement void and no right of specific performance.The buyer has paid only lakhs which is hardly percent of total consideration.
My question is1
1} " Buyer can demand money in future on the basis of this document ?"
2}Is this agreement is valid and what are the risk to me in future when I want to sell it ?

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Devajyoti Barman (Expert) 23 November 2012
Without seeing the agreement it is difficult to answer.
Forfeiture clause is to be interpreted in the context of the particular agreement only.

Guest (Expert) 23 November 2012
I endorse the views of Shri Devajyoti.

ajay sethi (Expert) 23 November 2012
theterms of contract are sacrosant . it is necessary to go through the wordings of agreement . contact a local lawyer

dashrath patel (Querist) 23 November 2012
Thanks to all for prompt reply.
I would like to clarify the clause which is in Gujarati language which which specifically says" 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."
the date of agreement is 08/02/2011
The date of Title clearance certificate-20/02/2011

Raj Kumar Makkad (Expert) 25 November 2012
In the given case, you have won lottery as the buyer has got no right to agitate anything against you before ehe roper court of law and his earnest money stand forfeited.

dashrath patel (Querist) 26 November 2012
thanks to all lawyersclubindia team for solving my query and case without any fees.

Agreement to sell

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