Property issue

Querist : Anonymous (Querist) 25 February 2022 This query is : Resolved
Dear Experts

Plz guide me in the following issue

A real estate buisiness firm purchased landed property from the family of X.
At the time of sale agreement purchaser firm has agreed to sell one plot to X for Rs. 6 lakhs, within two months of completing the process of layout formation, if it fails to agreed to repay double of the amount. said agreement was executed 25/10/2012. since then X family requesting for implimentation of agreement. Due to old age X could not able to initiate any proceedings basing on said agreement till date.

Whether he can initiate legal proceedings against the Real Estate business firm now ?
Plz mention under what provisions X can file a case
Is it mandatory to serve notice to the Business firm partners prior to filing of case

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Quick Summary

A family sold land to a real estate firm in 2012, with an agreement that the firm would sell a plot back to the family for Rs. 6 lakhs within two months of layout formation, or repay double the amount. The family has been requesting implementation, but due to the elderly seller's age, no legal action was taken. The plot remains unsold, and the family is now asking if they can still pursue legal proceedings, under what provisions, and if a notice is required. The advice suggests consulting a local lawyer with all documentation, as the validity of the claim depends on the original agreement's registration and stamping, and the passage of time since 2012.

kavksatyanarayana (Expert) 25 February 2022
Is the sale agreement registered or not and properly stamped? Without verifying the original sale agreement it is not easy to form an opinion. The building is not completed to date as per your statement, how do the other parties keep silent to date? Consult a local lawyer with the material available with you for guidance.

SHIRISH PAWAR, 7738990900 (Expert) 26 February 2022
Hello,

A lot of time has been passed after 2012 and the plot is not sold. The buyer has to take legal action against the company. You may approach the RERA authority or file a consumer complaint. You have to send a legal notice as per the facts of your case.

Sri Vijayan.A (Expert) 01 March 2022
You can invoke provisions of Contract Act and Specific Performance Act.
Nine years have gone, this has to be considered.
Needs full details to advise you.

srivijayan.a@gmail.com

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