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kesepallir (Master Degree)     10 November 2015

Validity of an agreement of sale

My Father has entered into an agreement of sale for plot(400 sq.yards) Rupees.1,00,000(One Lakh)in the year of 2005 and purchased has given advance amount of Rs.25,000/-(Twenty Five Thousand Rupees) and the balance amount will be paid on at the time of registration. agreement has terms and conditions like sale should be completed within 3 months otherwise amount is forefited and If my father(vendor) not come for registration even they(purchaser) will deposit the amount inthe court and do the registration. Purchaser sent Notice to my father at year of 2008 saying that My client(purchaser) is ready to pay the money and come for registration. And when my father has not replied to that notice. They filed the case in lower court has given the purchaser is posting the matter for delaying the registration in that perspective lower court has given judgement that purchaser has to pay the Rs.1,50,000 rupees in the court and do the registration. We filed in the Distruct court  has given judgement that lower court order has to set aside, the District has given the judgement in our favour, saying that Purchaser has not proven that he is not ready to perform his part to complete the transaction.  Now the purchaser has filed the suit in HIGH Court again on us saying that specific performance of Immovable property and saying the lower court and district court has decreed the different opion. 

So my question is what is the validity  time of the Agreement of Sale. Even my father has requested so many times to party even after completion of the 3 months, but now we dont want to sell our property.  Purchaser has not given single rupee to us after entering into the agreement.

Please give me your valuable suggestion. 



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 1 Replies

adv.raghavan (Advocate,9444674980)     12 November 2015

Hope fully your lower appellate court judgement will and  should prevail. No doubt about that. Kindly prevail upon the court that your unwillingness to sell the property, but you are ready  to refund received amount along with interest, according to court directions.


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