Time limit for filing property civil suit- 3 yrs from which date?
Mayank Arora
(Querist) 28 April 2014
This query is : Resolved
I entered into an unregistered agreement to sell as the seller. Due to some reason I could not execute it and sold it to someone else after this agreement had expired. I offered to pay back double the amount to the buyer, as was the condition in the agreement, but he refused . If he has to file to file a civil suit, what is the maximum date by which he can do so?
Particulars-
Date of Agreement- 1st April 2011
Sale had to be done by- 1st July 2011 (as per agreement)
Sold to another party on 15th July 2011
Would the time limit be 3 years from 1st April 2011 or 15th July 2011 or some other date? Also, can an unregistered agreement to sell be enforced in the court?
ajay sethi
(Expert) 28 April 2014
did you issue any letter cancelling the agreement ? what about advance payment received ?was it forfeited or returned ? it is necessary to go through the agreement entered into by you to advice
. it is surprising that purchaser has till date not filed any legal proceedings against the seller . he can file case till july 2014
Mayank Arora
(Querist) 28 April 2014
Thanks for the reply Mr Sethi. The purchaser filed a criminal suit instead and the court observed that this case is suitable for civil suit rather than criminal. I submitted in the court that I'm ready to return twice the amount.
Now the purchaser is planning to file a civil suit.
Devajyoti Barman
(Expert) 29 April 2014
The buyer would find it difficult to file civil suit on unregistered sale agreement.
Since you are ready to make payment, there is nothing to worry.
Rajendra K Goyal
(Expert) 29 April 2014
When you are ready to compensate, nothing to worry.
The limitation would start from July, 2011.
ajay sethi
(Expert) 29 April 2014
if buyer files civil suit in your defence raise the plea that purchaser failed to make payment within 3 months . that you had cancelled the agreement and offered to return twice advance paid
