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Shubham Gupta (Properitor)     05 March 2014

Agreement to sell - expired

Hello Respected Members,

One of my Client/Seller have entered into registered agreement to sell on 30.09.2010 with a clause of balance payment and execution of sale deed within 6 months i.e. 31st March 2011.  However, buyer did not turned up and not paid  the balance money. On verbal communication, buyer told that he is still arranging the money, but now more than 3 years has been elasped and still no payment has come. Now, seller do not want to sell the property to the buyer.

1) Is the Buyer has right to compel my client for execution of sale deed/  right to file Specific perfomance suit??

2) Can my client sell this property to other buyer?

3) If Yes, what will be the procedure to be followed?


 2 Replies

adv.raghavan (Advocate,9444674980)     06 March 2014

Yes, he (buyer) can go for suit for specific performance, provided he has money to honor his commitments,

You client cannot sell the property to any third person, without getting the earlier agreement cancelled.

He has to insist the buyer to do registration and it is time barred and if he refuses he can move court to get it cancelled.

 

Shubham Gupta (Properitor)     06 March 2014

Since the agreement to sell is time barred. How can buyer file suit for specific performance as 3 years have been passed as per limitation act. Buyer is harassing my client and market rates have been increased twice from that Time. Hence, how and whats the procedure my client can sell this property to third party.

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