Civil Procedure Code (CPC)

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Is family liable for father taking half payment 5 years ago?

Querist : Anonymous (Querist) 23 July 2021 This query is : Resolved 
Father wanted to sell a plot of land to person X, and person X had paid 50% of the amount, but person X was not able to pay the rest and kept on delaying it for 6 years. They signed a MoU with a stipulated time to get into some agreement, although there is no registered sale agreement here. However, after my father has passed away, person X shows up on our door demanding 50% of the amount with interest for all these years. Are we liable to pay person X back?
Dr J C Vashista (Expert) 24 July 2021
Show the agreement to a local prudent lawyer for analyses, forming proper opinion and professional advise qua time (which is essence of an agreement) and other terms of payment vis-a-vis registration of sale transaction and possession of subject property.
Advocate Bhartesh goyal (Expert) 24 July 2021
If sale agreement has been executed by x six years ago then such agreement can not be enforced being time barred.
SHIRISH PAWAR, 7738990900 (Expert) 24 July 2021
Hello,

You are not liable to pay back the amount with interest. It is for the purchaser to make full payment to the seller within time. Consult with a local advocate, send a reply to the notice, and forfeit the amount paid by the purchaser.
P. Venu (Expert) 24 July 2021
The legal heirs are liable to return the amount less the expenses, if any they have incurred and the loss or damages, if any, they have suffered. However, any action in a court of law could be barred by limitation.


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