Agreement to sale for gpa

1, Yes, it (ATS) makes a sense. Send proper reply to notice, if buyer/builder sends it, which is a hypothetical question.

2. Terms and conditions of ATS has to be perused, nothing can be presumed to form proper opinion and oblige.

3. You will have to wait and watch for the case to be instituted, facts mentined and prayer made therein.

This seems to be hypothetical, however I endorse the opinion of learned senior expert JC Vashishtha Sir.

You may also consult an experienced lawyer in the local.

Originally posted by : Dr. J C Vashista
	1, Yes, it (ATS) makes a sense. Send proper reply to notice, if buyer/builder sends it, which is a hypothetical question. 2. Terms and conditions of ATS has to be perused, nothing can be presumed to form proper opinion and oblige. 3. You will have to wait and watch for the case to be instituted, facts mentined and prayer made therein.

Thanks for you answer Sir. 

My cuiriosity is that what can he ask in the notice. 

Can he ask to conclude the deal? 
Or he'll just ask to refund the advance in double ?

Another point I am thinking that why he is not sharing the ATS even after multiple requests. Will it help my case because I have sent him messages in WhatsApp asking ATS copy. 

There could be no conveyance of immovable property except through a deed duly executed and registered. And it is impermissible to execute the conveyance through a PoA.

So also, there could be no arbitrary terms in ATS.

Wait and watch to receive notice which cannot be presumed, if it is not a hypothetical query. 

Thanks for your information.
In that case, can that ATS even be admissible in a court because there is no possible remedy of a registered sale deed. Registration of property is stopped in that area by the Government. 

Hypothetically, how would you use that ATS in this situation ? 

As far as I remember , the ATS had same terms as used in a regular & registerted sale. I don't remember it had any mention of POA. 

Agreement to Sell is not transfer to a title. Its only purpose is to create an obligation to execute a future sale deed. If registration of sale deed is barred by the State, then. Agreement to sell becomes unenforceable because law cannot compel performance of an illegal or impossible act. Section 23 of the Indian Contract Act defines unlawful object and section 56 of the Indian Contract Act defines impossibility of performance.