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akshay (manager)     30 May 2011

EXECUTION OF AGREEMENT

SORRY IN MY EARLIER POST I MAKE SOME MISTAKES OF DATES PLEASE READ AS BELOW :


DEAR SIR

I WANT KNOW THE TWO THINGS :

1.  LEGAL VALIDITY OF A AGREEMENT, IF AGREEMENT HAS SIGNED BY FIRST PARTY ON 07.11.2007 AFTER THE ELEVEN DAYS FROM EXECUTION DATE OF AGREEMENT WHILE SECOND PARTY SIGN ON EXECUTION DATE WHICH IS 27.10.2007

2. IF A AGREEMENT HAS  A CLAUSE WHICH IS DESCRIBE BELOW :

"THE SECOND PARTY WILL BE REQUIRED TO DEPOSIT 50000/- RUPEES WITH FIRST PARTY AS INTEREST FREE REFUNDABLE SECURITY DEPOSIT ON THE DATE OF SIGNING OF THIS AGREEMENT."

BUT THE SECURITY DEPOSIT IS SEND BY A DEMAND DRAFT DATED 29.10.2007. BY SECOND PART.

PLEASE GIVE ME REPLY THAT IN THIS CIRCUMSTANCES THE AGREEMENT IS VALID LEGALLY.




Learning

 2 Replies

prabhakar singh (advocate)     30 May 2011

First thing as caution that tis opinion is limited in its scope as facts are not in detail. According to you the agreement was signed by sceond party on 27/10/07.That means the draft of agreement was prepared either before or on27/10/07.I guess that thereafter the draft was sent for first partys' signature who signed it on07/11/07,therefore the execution got completed only on07/11/07 and the demand draft required as security deposit was sent2days afterthe signature of secondparty,that being on29/10/07.with in the scope of this limited fact the agreement can not be said to be in valid if the first party accepted the draft and got it encashed and admits that agreement was arrived at between parties.

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akshay (manager)     31 May 2011

dear sir thanks for your reply.

a few point of agreement is given below :

1. the draft of agreement is send by first party through email on 25.10.2007 and second party has to purchase stamp , sign and dully filled the agreement with signature by witness  on 27.10.2007 with execution date and send back to first party along with demand draft (dated 29.10.2007) through courier on 29.10.2007.

2. and the the first party accepted the draft and got it encashed and admits that agreement was arrived at between parties.

finally first part signs the agreement on 07.11.2007  and send a copy of agreement to second party.

MY QUESTION IS THAT AGREEMENT IS VALID OR NOT IN RESPECT OF IRREGULARTIES  OF DATES. AND DEPOSITING THE SECURITY DEPOSIT AFTER THE 2 DAYS FROM EXECUTION DATE. 

IF A AGREEMENT HAS  A CLAUSE WHICH IS DESCRIBE BELOW :

 

"THE SECOND PARTY WILL BE REQUIRED TO DEPOSIT 50000/- RUPEES WITH FIRST PARTY AS INTEREST FREE REFUNDABLE SECURITY DEPOSIT ON THE DATE OF SIGNING OF THIS AGREEMENT."

 

 

 

 

 

 

BUT THE SECURITY DEPOSIT IS SEND BY A DEMAND DRAFT DATED 29.10.2007. BY SECOND PART. (AFTER 2 DAYS FROM SIGNING BY SECOND PARTY AND BEFORE 10 DAYS FROM SIGNING BY FIRST PARTY)


 


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