Suit filed for specific performance of 1st agreement
Querist :
Anonymous
(Querist) 10 November 2021
This query is : Resolved
1st Agreement
Hello Experts
,Registered Agreement states July 9th 2020 To Whom it May Concern This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 20.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer. Signed by Mother Son I agree with the terms and conditions of this offer Signed Mr Kumar August 20th 2020
2nd Agreement
Registered Agreement states July 9th 2020 Executors of the Estate of Badahl Kumar This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 50.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer. Signed by Mother and Son
suit filed for specific performance of 1st Agreement
Defense:. Deposit of Rs 5.0Lakhs was refused because the claimant did not sign the 2nd agreement
Note Agreement changed from 1st Agreement To Whom It May Concern, to 2nd Agreement Executors of the Estate, Buyer bought property from seller before with agreements headed Executors of the Estate.
Question: What will be the action of the court on this agreement?
Is the 1st agreement void because of the 2nd agreement?
P. Venu
(Expert) 10 November 2021
Please post precise facts.
Querist :
Anonymous
(Querist) 10 November 2021
Hi P.Venu
Facts.. Claimant receives 1st agreement on July 9th 2020, states it is not a proper agreement do it over, 2nd agreement is done but with a higher amount because another party showed interest, claimant signs first agreement and brings his deposit.
Deposit is refused because he did not sign 2nd agreement, claimant sues for specific performance of 1st agreement.
kavksatyanarayana
(Expert) 10 November 2021
Still, your query is not clear. It is better to show all the agreements to a local lawyer for better guidance as without verifying the agreements, one cannot form an opinion.
Dr J C Vashista
(Expert) 11 November 2021
Mr./ Ms Anonymous,
Redraft facts and query if you are seeking obligation of experts, otherwise, it would be appropriate to consult a local prudent lawyer for proper appreciation of facts and professional advise.
Querist :
Anonymous
(Querist) 11 November 2021
Thank You experts
Local prudent lawyer advised 1st agreement became invalid when claimant said it was not a proper offer, do it over, with claimant deposit was returned because he did not sign 2nd agreement.
1st Agreement
Hello Learned members,
Registered Agreement
July 9th 2020 To Whom it May Concern
This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 20.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer.
Signed by Mother Son I agree with the terms and conditions of this offer Signed Mr Kumar August 20th 2020 No Witness
2nd Agreement
Registered Agreement states
August 20th 2020 Executors of the Estate of Badahl Kumar
This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 50.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer. Signed by Mother Son & withess
Thank u for your opinion on the matter
P. Venu
(Expert) 11 November 2021
Why don't you post simple facts devoid of your subjective opinions?
