Regarding notarized sale of agreement

Querist : Anonymous (Querist) 27 February 2019 This query is : Resolved
I have signed a notarized agreement to sale which states that it will remain valid for a period of one year after completing all the disputes from the court of law and the agreement of sale by me or my heirs will be bounding on me .The transaction with cheque details are being mentioned in it and it was made on the year 2006.At the time of making such notarized sale agreement there was a STAY ORDER going on in the court over selling of the said property and its still in force.The stay order was taken by one of my cousion brothers against two of us for stopping us to sell our share to an outsider .

Can the buyer take that notarized agreement of sale to the court of law and ask the court to get the property registry done in his name showing the clause of special performance act or its just a waste paper for him? Please note that a lawyer told me that a ruling has come into effect that even the notarized agreement to sale is admissible in court of law and he can get the registry done through court by the virtue of special perfomance act against me .Please advice

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kavksatyanarayana (Expert) 27 February 2019
In which village/town/state the property is situated? When there is stay order and the case depends on merits and de-merits. Get opinion of your own counsel.

Querist : Anonymous (Querist) 28 February 2019
The property is situated in barielly in Uttar Pradesh...I only need a legal opinion on this matter Please advise

Isaac Gabriel (Expert) 28 February 2019
Unless registered, notarized sale agreement is not valid.

KISHAN DUTT KALASKAR (Expert) 01 March 2019
Dear Sir,
Your advocate is correct. You ask your purchaser to file a suit for specific performance and in the meanwhile get stay order vacated in another suit. Thus you can get register sale deed in the name of purchaser. Since it is a notarized agreement the purchaser have to pay some penalty towards non registration of the document.

Please mark “LIKE” if satisfied by my answer.

Dr J C Vashista (Expert) 05 March 2019
You are vendor (seller) or vendee (buyer), what is your locus standie ?

Dr J C Vashista (Expert) 05 March 2019
Validity of "agreement to sell" is stated to be limited to 1 year since its execution 2006 (although it is unregistered), which can not be extended unilaterally.
Show the document to a local prudent lawyer for better appreciation of the same, guidance and proceeding.

Dr J C Vashista (Expert) 05 March 2019
How and why the vendee had agreed for a covenant in the said agreement to sell stating "...after completing of all the disputes from the Court of law...." ?

Guest (Expert) 05 March 2019
You have entered in to Sale Agreement when an Litigation of the concerned Property is going on in the Court . You had also not informed about the same to the buyer while executing the Sale Agreement. Obviously it is an Offence on your part and better to sort out the same Amicably with the buyer with out seeking legal remedies which would land you in more trouble

Guest (Expert) 05 March 2019
Even though generally it is said Un Registered Documents would carry no Legal Value but since the money transaction is involved in it the cases or complaints would be accepted by relevant authorities like Courts etc.

Querist : Anonymous (Querist) 07 March 2019
Thank you all for the valuable information ..I am the seller and the buyer knew that 3-4 cases in this property matter is going on and nothing has been hidden from him. As the case is still going on and the stay is there in the court Not to sell the property so a notarized document made on the year 2006 should not be admisible in the court of law at the time period mentioned in it for one year as already lapsed.As far as specific performance suit which I thought he may bring against me is not also admissible as the agreement of sale was made in 2006 and now its 2019 I asked a lawyer he told me that the time period was mentioned for one year from october 2006 Plus add another 3 years after that its not admissible for special performance act and he can only file a case to get his money back as the trainsactions are mentioned in the said notarized agreement .

As he has failed to get the registry done and the case is still pending in the court I am trying to find another buyer to sell my property In such situation I am willing to pay him back his money ..so how can special performance act could be forced on me by him?

Regarding notarized sale of agreement

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