Sale purchase agreement between a developer and a purchaser
Amit Chowdhury
(Querist) 25 October 2013
This query is : Resolved
Sir,
I have entered A Sale Agreement with a developer for purchasing A flat and one garage with the consideration value of 42 lakhs(42,00,000) but the actual price of the said flat and garage is 53laks31thosand
(53,31000/-)in this context the developer made another Supplementary Agreement of 11,31000/-,where I have signed also. In the mean time due to Deviation of Sanctioned Plan the Project work was stopped by Local Authority,so naturally the developer failed to meet their commitment in time.My query is that if now if I deny the supplementary Agreement and insist to offer the schedule Flat with the primery Agreement Value, can Developer establishe his Supplementary Agreement in the Court or is this Supplementary Agreement is legally valid.
Please please Answer my query ,Precisely my query
1.The supplementary Agreement can be made in a same day means the Primary Agreement's Day.
2. Reason for making the supple Agreement is only to make the less Valued Deed in final Registration by which the Dseveloper will take Balance Amount which shows in the Supple Agreement as a Black Money, so for this reason Court will accept this Supplementary Agreement?
Advocate M.Bhadra
(Expert) 25 October 2013
Supplementary agreement is a part of original agreement,so it is valid agreement.
Essential Elements of a Valid Contract are:
1.Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance
2.Lawful consideration: An agreement to form a valid contract should be supported by consideration. Consideration means “something in return” (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful.
3.Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion:
The person has reached the age of majority.
The person is of sound mind.
The person is not disqualified from contracting by any law.
4.Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake.
5.Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful.
6. Agreement not declared void or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract.
7. Intention To Create Legal Relationships:- when the two parties enter into an agreement, there must be intention to create a legal relationship between them ...if there is no such intention on the part of the parties ..there is no contract between them ..agreements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts.
8.Certainty, Possibility Of Performance
9. Legal Formalities
10. By surety
prabhakar singh
(Expert) 26 October 2013
On place surface of things whatever parties freely agree which is not barred by law that all is valid and enforceable.But this is general answer.
But a particular question of the kind detailed in
your query can not be answered without going through the two agreements and discussing cross queries from you.Hence you are advised to visit a nearby civil
law lawyer to discuss pros and cons of your quest.
Amit Chowdhury
(Querist) 26 October 2013
Sir,
I have entered A Sale Agreement with a developer for purchasing A flat and one garage with the consideration value of 42 lakhs(42,00,000) but the actual price of the said flat and garage is 53laks31thosand
(53,31000/-)in this context the developer made another Supplementary Agreement of 11,31000/-,where I have signed also. In the mean time due to Deviation of Sanctioned Plan the Project work was stopped by Local Authority,so naturally the developer failed to meet their commitment in time.My query is that if now if I deny the supplementary Agreement and insist to offer the schedule Flat with the primery Agreement Value, can Developer establishe his Supplementary Agreement in the Court or is this Supplementary Agreement is legally valid.
Please please Answer my query,Precisely my query
1.The supplementary Agreement can be made in a same day means the Primary Agreement's Day.
2. Reason for making the supple Agreement is only to make the less Valued Deed in final Registration by which the Dseveloper will take Balance Amount which shows in the Supple Agreement as a Black Money, so for this reason Court will accept this Supplementary Agreement?
Devajyoti Barman
(Expert) 26 October 2013
It would depnd upon the contects of agreement.
Generally subsequent agreement supersedes earlier agreement unless the later one is only a supplementary one.
So if your later agreement is only in addendum to what has already been executed then you can rely upon the first one.
If in the second one there is clause of ' supersesion' then only it would be taken into account.
Otherwise the court would consider both the agreements.
To repeat the language of the subsequent agreement is key to this problem.
ajay sethi
(Expert) 26 October 2013
it is necessart to go through the agreements executed by you ro advise . court will consider both the agreements duly signed by you .
Rajendra K Goyal
(Expert) 26 October 2013
Well advised by the experts, nothing more to add.
