Whether Notarised Agreement of Sale is maintainable?

Querist : Anonymous (Querist) 12 August 2010 This query is : Resolved
Respected Experts,
I have a Notarized Agreement of Sale which was executed in the year 1992.Since the property is under dispute with Urban Land Ceiling Authority, now the Government has cleared the said lands. Due to the said reason I could not get registration for all these days. Now the vendors are refused to do registration on my favour . So What I should do.

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Rajeev kulshreshtha (Expert) 12 August 2010
You have not cleared that if there is any date of sale deed is fixed in that agreement.please clear that first.

s.subramanian (Expert) 12 August 2010
yes. give details.

Devajyoti Barman (Expert) 12 August 2010
Even if there is no specific date for registration the vendor is duty bound to complete the sale.
So you can either go for suit for specific performance of contract or if the vendor is a Developer then can file complaint in the consumer forum.

Yamalapalli Haribob (Expert) 12 August 2010
Yes, maintainable if it is made on the sufficient stamp paper.You have not mentioned stipulation of time of the agreement.If there is time essence in agreement,the limitation will start from the date of default time mentioned in the agreement.If no time was mentioned,then time not essence for the contract.Another point is in a.p state even if the agreement is not on the sufficient stamp, the court collect penalty stamp duty and validate agreement.The govt also will collect stamp duty penalty.

Chanchal Nag Chowdhury (Expert) 12 August 2010
File a suit for SPECIFIC PERFORMANCE OF CONTRACT. Try for an ad-interim order of injunction restraining the vendors from selling/encumbering the property in any manner.Since the registration could not be done for the reasons as stated, U R entitled to exemption for that period.

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