Relating to agreement of sale of open plot
Raghav
(Querist) 18 December 2013
This query is : Resolved
Hi,
I own a open plot and entered into a sale agreement this year in the month of May by taking an advance amount of 25%. The buyer has failed to pay the balance amount before the specified time of 45 days mentioned in the agreement. It has been six months since the payment due date reached. But due to recent hike in land prices he is now trying to force us to register the land on his name. We do not have a copy of agreement with us and agreement was not registered as well. Now We don't want to give the land to him. The content of the agreement is pasted below.
AGREEMENT OF SALE
This Agreement of Sale is made and executed on this the 13th day of MAY, 2013
BY AND BETWEN
1) Smt. ------- W/o Sri ------, aged -- years, Occ: ------.
(hereinafter referred to as the VENDOR which term shall mean and include their respective representatives, legal heirs, successors in interest and assigns etc.,)
AND
1. Sri -----, S/o -----, aged 3--, Occ: -------.
(hereinafter referred to as the VENDEE which term shall mean and include their representatives, legal heirs, successors in interest and assigns etc.,)
WHEREAS THE vendor herein is the absolute owner, title holder and possessor of the open plot bearing No.--, admeasuring -- sq.yards or -- Sq.Mts in Sy.No.--, Situated at ----, (Herein after referred to as the said property) more fully described in the schedule annexed hereunder.
AND WHEREAS the vendor herein had purchased the said property under a registered sale deed, dt. --- vide document No.--- from the respective owner and title holders Sri -----.
AND WHEREAS the vendor herein has offered to sell the said property and the vendee have agreed to purchase the same on the following covenants mentioned here under and entered this agreement.
NOW THIS AGREEMENT OF SALE WITNESSETH AS FOLLOWS:
1) The vendor has agreed to sell and the vendee has agreed to purchase the said property, for a total consideration of Rs. ----- (Rupees ---- only). Out of the said total sale consideration, the vendee requested the vendor that he shall pay 25% of the total sale consideration and the vendor has agreed for the same for which the vendee has, this day paid a sum of Rs. ----/- (Rupees ---- only). The vendor hereby acknowledges the receipt of the same in part performance of this agreement of sale.
2) The vendee shall pay the balance amount of sale consideration for Rs. --- (Rupees ---- only) within 45 days from the date of execution of this indenture.
3) Upon receipt of the balance consideration, the vendor hereby undertakes and executes and registers the sale deed with appropriate recitals in favour of the vendee.
4) The vendor hereby declare and covenant that the property now agreed to be sold, is free from prior mortgages, prior agreements of sale, prior encumbrances or any other litigation whatsoever. The vendor further promise and made the vendee believe that they have clear marketable title to the said property.
5) The vendor shall hand over the vacant physical possession of the property on the date of execution and registration of the sale deed.
6) If the vendor fails to execute and register the sale deed within the specified period i.e., 45 days from the date of execution of this indenture, even after the offer of the balance sale consideration, the vendor shall be liable to pay costs and damages to the purchaser as claimed by him.
7) The expenses for registration and stamp duty and all such other expenses related to registration shall be borne by the Purchaser only.
SCHEDULE OF PROPERTY
All that piece and parcel of open plot No. ----, under registration sub-district-- and bounded on
NORTH : --
EAST : --
SOUTH : --
WEST : --
The parties herein have signed this agreement of sale in the presence of following witnesses, on the 13th day of May, 2013 first above written.
My questions are:
1) Can we sell the land to other party
2) What implications would arise if I register the land on others name without his notice to get rid of this nuisance
Any help in this regard will be greatly appreciated.
Thanks & Regards,
Raghav
Guest
(Expert) 19 December 2013
First you send the advance amount by Demand Draft with a covering letter mentioning the details and reasons for cancellation preferebly drafted by an advocate.After sending You just relax for 15 days and go ahead with your other steps.Consult a Local Advocate
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
First thing is that in your case time is not essence of contract hence the sale agreement is not barred by limitation beyond the agreed 45 days period, the limitation in this case will be three years,you however have a relief that the unregistered sale agreement cannot be enforced through a court of law due to Supreme court ruling on this subject, hence this agreement can be considered as a mere receipt for the money advanced by the purchaser. Here you do not even have to inform your proposed intention to sell the property to another person (some third party) to the buyer and proceed with the sale of your property quoting the expiry of contract period, return the advance amount received from the purchaser by DD or cheque creating evidence for return of the same and relax.
Raghav
(Querist) 19 December 2013
Thank you for the advice..
Rajendra K Goyal
(Expert) 19 December 2013
Send notice regarding his failure to honor the terms of unregistered agreement and termination of the agreement.Return him the advance money through cheque.
malipeddi jaggarao
(Expert) 20 December 2013
Agreed with experts Mr.Narasimha and Mr.Kalaiselvan.
