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Agreement validity

(Querist) 08 June 2010 This query is : Resolved 
sir,
we have a land in raipur(cg).one party in 1997 forge a agreement of sell of land,we won the case from two lower court on time bar basis,the case is now in highcourt.
IN 2008 we done a agreement to sell the land to some other party,specifying in the agreement that a case is pending in high court & regigtry will be done done after the court judgement.no time duration is mention in agreement,agreement is on simple green paper & not notorized on the assurance of buying party verbally that he will settle the matter in two three month,
now the almost two & half years is lapsed & buying party did not taking interest in
deal,their intention is that to grab the land by just by paying half of the amount.
they are offering half amount now on registry & post dated cheque for balance amount which can be realise only after the highcourt judgement.

IN BETWEEN THE PERSON (THE SELLER)WHO DONE
THE AGREEMENT DIED IN AUG 2009 & LAND IS NOW TRANSFERED IN THE NAME OF THEIR LEGAL HEIR.

KINDLY ADVICE ME WHAT SELLER PARTY CAN DO IN THIS MATTER.IS AGREEMENT HAS ANY LEGAL
BINDING ON SELLER HEIR,
ravi gupta (Querist) 08 June 2010
sir,
we have a land in raipur(cg).one party in 1997 forge a agreement of sell of land,we won the case from two lower court on time bar basis,the case is now in highcourt.
IN 2008 we done a agreement to sell the land to some other party,specifying in the agreement that a case is pending in high court & regigtry will be done done after the court judgement.no time duration is mention in agreement,agreement is on simple green paper & not notorized on the assurance of buying party verbally that he will settle the matter in two three month,
now the almost two & half years is lapsed & buying party did not taking interest in
deal,their intention is that to grab the land by just by paying half of the amount.
they are offering half amount now on registry & post dated cheque for balance amount which can be realise only after the highcourt judgement.

IN BETWEEN THE PERSON (THE SELLER)WHO DONE
THE AGREEMENT DIED IN AUG 2009 & LAND IS NOW TRANSFERED IN THE NAME OF THEIR LEGAL HEIR.

KINDLY ADVICE ME WHAT SELLER PARTY CAN DO IN THIS MATTER.IS AGREEMENT HAS ANY LEGAL
BINDING ON SELLER HEIR,

ravi gupta (Querist) 08 June 2010
sir,
we have a land in raipur(cg).one party in 1997 forge a agreement of sell of land,we won the case from two lower court on time bar basis,the case is now in highcourt.
IN 2008 we done a agreement to sell the land to some other party,specifying in the agreement that a case is pending in high court & regigtry will be done done after the court judgement.no time duration is mention in agreement,agreement is on simple green paper & not notorized on the assurance of buying party verbally that he will settle the matter in two three month,
now the almost two & half years is lapsed & buying party did not taking interest in
deal,their intention is that to grab the land by just by paying half of the amount.
they are offering half amount now on registry & post dated cheque for balance amount which can be realise only after the highcourt judgement.

IN BETWEEN THE PERSON (THE SELLER)WHO DONE
THE AGREEMENT DIED IN AUG 2009 & LAND IS NOW TRANSFERED IN THE NAME OF THEIR LEGAL HEIR.

KINDLY ADVICE ME WHAT SELLER PARTY CAN DO IN THIS MATTER.IS AGREEMENT HAS ANY LEGAL
BINDING ON SELLER HEIR,



Ruchi Gupta (Expert) 08 June 2010
this transaction is governed u/sec. 52 of tpa, 1882, i.e. under doctrine of lis pendens. this a/g has binding effect only when the case is decided in your favour.
Raj Kumar Makkad (Expert) 08 June 2010
I do agree with Ruchi


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