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ziauddinbiyabani (daily wage)     21 April 2013

Agreement of sale validity

SIR,

I WOULD LIKE TO KNOW THAT AGREEMENT OF SALE IS VALID TIME IN THE EYE OF LAW  WITHOUT SALE DEED REGISTERATION.

MY TENANT IS CLAIMING THAT MY MOTHER ENTERED AN AGREEMENT OF SALE TO ONE PERSON IN 1997 AFTER THAT TENANT PURCHASED THE PROPERTY FROM THAT PERSON IN 2007 UNDER AGREEMENT OF SALE, AFTER THE TENANT GIFTED THE PROPERTY UNDER GIFT SETTLEMENT DEED REGISTERED TO HIS WIFE CLAIMING THAT HE GOT INHERITANCE PROPERTY. ONE HAND HE IS TELLING HE PURCHASED THE PROPERTY UNDER AGREEMENT OF SALE AND OTHER HAND HE IS CLAIMING THAT HE GOT INHERETANCE PROPERTY AND MENTIOINED IN THE ABOVE GIFT SETTLEMENT DEED. CAN I TAKE ANY LEGAL ACTION AGAINST THE TENANT AND HIS WIFE. AS MY MOTHER IS THE OWNER OF THE PROPERTY SINCE 1958. FIVE MONTHS BACK SHE EXPIRED. I AM THEONLY LEGAL HEIR.

PLEASE  REPLY



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 April 2013

Agreement of sale is not a sale deed and on that deed tittle cannot be claimed.  If  he want clear tittle over the property he has to file a suit for specific performance of contract.

ziauddinbiyabani (daily wage)     21 April 2013

SIR,

MY MOTHER FILED A CIVIL SUIT FOR CANCELLATION OF GIFT SETTLEMENT DEED AND POSSESSION AND RECOVERY OF  RENT AGAINST MY TENANT AND HIS WIFE.

Kumar Doab (FIN)     21 April 2013

 

Mr. Rajeev has given valuable advice. Kindly follow it.

It is felt that validity of Sale Agreement ( Byana) is 3 years, and if it was written 1997 it was hopelessly time barred in 2007.

 

Your lawyer has seen all the documents and can advise you on the merits.

Valuable advice of learned experts/.members is sought.

ziauddinbiyabani (daily wage)     28 June 2013

IN THIS ABOVE CONNECTION I WOULD LIKE TO SAY THAT AFTER GETTING GPA FROM MY MOTHER I FILED AN CRIMINAL CASE UNDER SECTION 200 CRPC SOUGHT REPORT U/S156 POLICE BOOKED A CASE IN CRIME NO 11/2011 UNDER SECTION 423,468,464,120B IPC ON THE OTHER HAND ACCUSED PERSONS GOT ANTICIPATORY BAIL. IN THE CIVIL CASE THE TOLD TO THE COURT THAT THE CASE HAS BEEN CLOSED BY THE POLICE, SO FAR POLICE HAS NOT BEEN ISSUED ANY NOTICE TO ME (COMPLAINANT) FOR CLOSING THE SAID CRIMINAL CASE. THE TIME IS GOING TO COMPLETE THREE YEAR. WHAT SHOULD I DO TO PURSUE THE CRIMINAL CASE. PLEASE ADVICE ME.

ziauddinbiyabani (daily wage)     28 June 2013

IN THIS CIVIL CASE, THE AGAINST PARTY FILED THREE UNREGISTERED DOCUMENTS TWO AGREEMENT OF SALES AND MORTGAGED AGREEMENT FOR MARKING THESE DOCUMENTS, WHEN I OBJECTED, THE JUDGE REFERED THESE DOCUMENTS TO DIST. REGISTATIOIN OFFICE FOR STAMPS DUTY ALONGWITH PENALTY.

I WOULD LIKE TO KNOW FROM YOU SIR THESE DOCUMENTS AFTER GOT STAMPS DUTY WITH PENANLTY WILL BE USEDFUL FOR THE CASE. ALL THESE THREE DOCUMENTS VALUE IS RS;500000/-  WHAT WILL BE THE PENANLTY THEY WILL HAVE TO PAY

Anushka Bowlekar (Export Documentation)     04 March 2014

i have made one sale agreement on 10/01/2014 for 15 Lakhs, and the sale agreement is registered and paid stamp duty by buyer, the validity of the sale deed was 60 days, Buyer gave me 1,50,000/-, for balance till date i hv not received my money. Kindly adv. after 60 days, if they pay us money, is the sale  deed valid or no ? or they can extend for specific period. pls adv.

 


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