Unregistered agreement to sell
Aman
(Querist) 30 October 2012
This query is : Resolved
Dear Experts,
‘A’ as a vendor, entered into an unregistered agreement to sell with ‘B’. Accordingly ‘B’ paid the earnest money to ‘A’. On the due date of registration, ‘A’ was ready to perform his part of contract, but ‘B’ was not prepared due to his financial problems. ‘A’ remained present full day in Sub Registrar office on the due date to perform his part of contract & in the later hour got his affidavit of presence attested by the Sub Registrar. However, ‘B’ also managed to get his affidavit of presence attested by the Sub Registrar in the later hours despite of his non-preparedness. ‘A’ through legal notice extended the time for registration of sale deed & a new date after 15 days was fixed accordingly. Again on this date, same thing happened i.e. both ‘A’ & ‘B’ got their affidavits of presence attested by the Sub Registrar. ‘A’ is still willing to perform his part of contract & on the contrary ‘B’ despite of his un-preparedness & by way of giving false affidavit of presence/preparedness, may sue ‘A’ in court, stating that he was ready to perform his part of contract on the due dates, but ‘A’ was not prepared to do so. What should be done by ‘A’ now??
basavaraj shiromani
(Expert) 30 October 2012
Let A contest the matter before the court. He may also seek orders by filing a counter claim along with his for cancellation of the same. The unregistered document itself has no meaning in the eye of law until a deficit stamp duty with penalty paid. It can be impounded by the court itself.
adv. rajeev ( rajoo )
(Expert) 30 October 2012
Instead of going for the suit A has to issue legal notice cancelling the agreement of sale or he can issue legal notice that he is ready to perform part of his contract and instruct B to present before the sub registrar on so and so date, if in case of failure to do so agreement of sale stands cancell. Even if B files any case against A he wont be succeeded because agreement of sale is unregd.,
