sachin (no) 16 April 2012

Land sell deed

Hi,

I made a non registered sale deed of my property which consists of a simple house with a person in the previous year dated 23-may-2011.in which he gave rs 1 lakh advance (50000 cash and 50000 by cheque).the time period was of 4 months which ended on 23-sep-2011.but that person was unable to make it.now 6 months was gone but now he is showing his possession on that property and the local police also helping him.and the police filed a case against me mentioning section 145(1) for the possession between that person and us.I also gave an application at ssp office on 17-feb-2011 but the local police is not helping me plz tell what can i do? is really that person can owe the possession.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 April 2012

Dear Mr.Sachin,

Let me correct you the agreement that you executed was not a sale deed but merely an agreement to sell i.e an agreement to execute a sale deed in future. Since time was made of essence of contract and the other party could not muster up the means to perform his part of contract, you were free to rescind the contract and put an end to it.

File a suit for recovery of possession + recission of contract ASAP before he files for specific performance.

JANAK RAJ VATSA (ADVOCATE) 16 April 2012

dear friend, the agreement to sell could not be fullfilled by the other party which led to rescinding the agreement on your part. file suir to recovery ofm possession at the earliest.