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Part performance

(Querist) 20 March 2010 This query is : Resolved 
Dear all,

In a sale agreement if any condition contained that the buyer shall be responsible for complying with all the registration formalities and payment of stamp duties etc and have to pay the balance amount (difference between earnest money and total sale price) within three months and if the buyer fails to perform and to pay the balance then the agreement shall be cancelled, would it be a valid clause? And if it is contained in the said agreement that so long all the formalities as aforesaid is completed the sale should not be an absolute one would it also be valid term. If the buyer fails then would it act under doctrine of part performance Under section 53A of the Transfer of Property Act? And in such circumstance should the the buyer or the seller who shall have the optimum right over the property?
Raj Kumar Makkad (Expert) 20 March 2010
An agreement is the final document and it should be read in its entirety. In the light of given facts buyer is bound to follow his own undertaking and he cannot take benefits of his own faults.
H. S. Thukral (Expert) 26 March 2010
I have not understood how the doctrine of part performance comes into play. Has the buyer been given possession of the property in part performance? You have not stated so.

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