regarding agreement time
Querist :
Anonymous
(Querist) 29 July 2011
This query is : Resolved
we have given an agreement to sell a agriland.in that agreement we mention the time for 3 months,the 3 months time is passed,we are clling the party for rigistrtion we dont know the address ofthe party,only phone no is known,he is not responding properly my query is
1.in this case what should we do?
2.the time mentioned in the agreement is 3 months but the agreement is valied for 3 years one of my friend told me is it true?
3. ifit is true what can we do?
4. what is the further step for us
Advocate Rajkumarlaxman
(Expert) 29 July 2011
how can you do an agreement without an address is my first question. The agreement is valid for three years is true. if you really do not know the whereabouts then give a notice in the local newspaper. is any compensation taken from the party i mean sale proceeds or only agreement is done. what are the actual facts. Please we request all the querists to place correct facts because opions differ from matter to matter and depends upon the facts of the case. one would raise objections afterwards stating that the experts are not giving the opion correctly.
ajay sethi
(Expert) 29 July 2011
1) you have stated you know the phone number of purchaser . i presume you are referring to landline phone number
2) in such a case through the telephone directory you can find out the detailed address
3) i agree with advocate rajkumarlaxman that you have failed to mention detailed facts of the case
4)whether agreement for sale is oral or in writing ?
5) whether pursuant to agreement you have received any consideration ?
6)have you pursuant to agreement delivered posession of the property . ?
7) you ought to have the agreement drafted by local lawyer . in all agreements deatiled address of purchaser is required to be mentioned . please consult a local lawyer immediatedly
prabhakar singh
(Expert) 29 July 2011
your agreement is valid only when registered
and is enforceable at law with in 3 years from the last date of stipulated 3 months.
what is the further step for us?????????????
If the agreement is registered,then send a registered post a/d notice that while in you have always been ready and willing to perform your part of act under agreement ,your opposite part has always failed to act and perform his part,hence you are offering him last chance,as time is essence of contract,that he should visit registration office at a date fixed in the notice failing which the agreement shall stand cancelled.then you be present on registration office on date fixed by you in the notice,and in case he does not turn up apply for a certificate of presence to be issued by sub registrar.
And if the agreement is not registered ,just sale it to another buyer of your choice.
M/s. Y-not legal services
(Expert) 29 July 2011
Yes.. Without address how you entered in to am agreement with that another party. ?
