Owner not ready to execute sale agrement


I have entered to an agrement on Nov 2014 from an X person for sale of his land . i have given token advance with validity of one year .Now when i come to him for sale he is refusing to sell the land .It is explicty mentioned in the agrement that X should be ready to sell the land to me any day in the validity person as per my convience. Also there is Oral agrement for the same.  Also it mentioned in the agrement that incase of refusal i have right to deposit the remaning amount to Hourable court and get the registration Done. Also i have came to another person have already blocked the sale of this land since the cheque given to him by X have bounced .

May i know to proceed

 

 

 

 

 
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legal advisor

if you had performed your role without any fault from your side then you can file a suit for specific performance.

 
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Thank you for the advice.

 
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Advocate

file appropriate suit against such x person before competent court of civil jurisdiction.

 

 
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to file proper suit before appropriate court against the X person, in specific performance. 

 
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lawyer

For getting the property the only option open to the agreement holder is to file a suit for specific performance within a period of three years after the expiry of the time stipulated in the agreement. Further the agreement holder should always be ready and willing to perform his part of the contract

 
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Lawyer

Issue legal notice for execution of documents after receiving balance of consideration (which should be ready with you). Specify a date for completion of transaction and wait till then. Subsequent to the notice wait and watch.

Meanwhile try to obtain a copy of the agreement made by the vendor with another vendee (purchaser) whose cheque (you stated) to have been dishonoured and keep entire information undisclosed to the vendor (seller).

 
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First issue a legal notice expressing your readiness and willingness to perform your part of the contract and instruct him to perform his part of contract as per the agreement of registered sale agreement, if he refuses or chooses not to reply you may approach civil court of law with a suit for specific performance of  contract seeking relief of execution of sale deed after receiving balance of sale consideration amount. 

 
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Hi all ,

          Quiet some time i have logined in.

Below is the progress

1: Gave notice saying  that i am ready to perform.

     please come on such and such date for completing the deal.

2: Attempeted performance  in the sub registar office .(Other party have not come).

   Infact two days of attempted performance

 

3: Below is the explanation given by other party to court 

He have accpeted that me made a contract with me and taken money. (Accpetance of contract).

But since he is in finacial crisis and  he could not not perform . (Deed pleged to bank)

 

4: Court have attached the property. ( Could see two more lien/encubrance apart from me)

a:  Coperative bank  loan taken

b:  Third party for cheque bounce to him

5: Court send summonce  to the party .

6: Party have appeared on the third time  and asked for extension.

7: Two extention granted by the court.

8: Third time apperance scheduled on may 2016.

 

My Question is

is Unregistred agreement  accepted suite for specific performance

1:Under section 49(c) of registration act.

2:   AIR 2010 SC 1654

 

Regards

Cibu George

 

 

 

 

 
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