Revathi 29 September 2019

Regarding settlement outside the court

sir,

My father had entered an unregistered agreement for sale of land as housing sites in village in cuddalore.but the conditions were not met by the buyer and the agreement got lapsed and cancelled .my father is an aged person he filed a original suit in the district court to legally cancel the unregistered agreement.my question is can he sell the land to the same buyer by settling the case outside the court.if yes what is the procedure.please inform me.the land is unapproved&the case is exparte case

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3 Replies

Real Soul.... (LEGAL) 29 September 2019

IF the conditions were not met by buyer and the agreement lapsed why should your father file a suit to cancel the deed.

However if he filed as suit it is will ,he can withdraw the suit at any time, or if he or his representative will not appear on hearings the case will get dissmissed in default. Otherwise also the suit is exparte ;let it dismiss in default.

You want to sell the land to same seller ,sell it to him there is no bar or prohibition.

It appears that you have not consulted some good Lawyer who would have guided you properly.

Real Soul.... (LEGAL) 29 September 2019

IF the conditions were not met by buyer and the agreement lapsed why should your father file a suit to cancel the agreement.

However if he filed as suit it is his will ,he can withdraw the suit at any time, or if he or his representative will not appear on hearings the case will get dissmissed in default. Otherwise also the suit is exparte ;let it dismiss in default.

You want to sell the land to same seller ,sell it to him there is no bar or prohibition. It appears that you have not consulted some good Lawyer who would have guided you properly.