Validity of a un-registered sale agreement

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved
we had entered a sale agreement with my father-in-law of house and paid an advance - period of the agreement was 2 years that expired on May 2011. My father-in law did hypothecate the document and released the document on July 2011 so we were not able to buy the property as per agrement date. now when we are ready my fatherin law is not willing to sell the property demands more money. what can we do now. agreement is not a registered agreement

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bhagwat patil (Expert) 28 September 2011
Who is in possession if house, if yourself the it is win win position,if not better to settle the matter in family.

ashok kumar singh (Expert) 28 September 2011
agree with the expert opinion, thanks.

R.Ramachandran (Expert) 28 September 2011
I do not think the querist is in possession of the property.
Even if he is in possession, if that possession was in pursuance to the Agreement to sell, then non-registration of the Agreement to Sell is directly hit by the provisions of Section 17(1A) of the Registration Act. As such, even if the querist is in possession, he cannot claim any win-win situation as suggested by Mr.Bhagwat.
If it was only a stand alone Agreement to Sell, naturally it has lost its validity by efflux of time and especially when the time period was not extended.
The Agreement to Sell is of no value at this point of time. As such, if the father-in law is demanding more money, he is entitled to it since the property value has gone up and he has to reap the benefit of the same.

Shastri J.K. (Expert) 28 September 2011
I agree with Expert mr.R.Ramachandran.

ajay sethi (Expert) 28 September 2011
i agree with mr ram chandran .

Querist : Anonymous (Querist) 28 September 2011
Thanks for the reply, we are in posession of the house(1st floor) and my father-in-law is in ground floor, he did not have the documents of the property on the said due date of the agreement, that is why we were not able to buy the property. he had purposely not released the documents until the completion of the agreement.