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shubham G   27 February 2024

Is it valid time limitation?

Agreement to sale a land between A and B For ₹8000 on 10-10-1980

A paid portion of ₹4500  to B that time and saying that execute the sale deed registration within 1 from from date of agreement to sale .

B didn't executed as per agreement to sale 

Then in 2003 A  made forgery sign of B to agreement to sale and  saying that he paid remaining ₹3500  to B that time and saying that execute the sale deed registration within 1 from from date of agreement to sale .

 

In this above case time limitation will apply?



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 12 Replies

Advocate Bhartesh goyal (advocate)     27 February 2024

What do you mean by " sale deed registration within 1 from date of agreement to sale " is 1 month/1year/ or 1decade ? Anyway..

Your case is time barred . " Time is essence of contract "so now such agreement can not be enforced.

Dr. J C Vashista (Advocate )     27 February 2024

The agreement stated to have been made in 1980 has already lost its validity, if the transaction is still awaited.

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

When you see it as an agreement entered in the year 2003, even assuming it be forged or fabricated, that is also very badly barred by limitation at this stage.

Shashi Dhara   27 February 2024

The court will decide defend it who knows what happens in court ready for long civil litigation.

shubham G   27 February 2024

Originally posted by : Dr. J C Vashista

Thank you sir

Means it has been done within 1 month as per agreement or 3 years limit ?

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

In any case the limitation is three years from the  date of execution of the sale agreement, beyond that the agreement is barred by limitation

shubham G   28 February 2024

Sir what about the advance money received from buyer.

Repay that amount with 12 % p.a ?

T. Kalaiselvan, Advocate (Advocate)     28 February 2024

If the buyer demands the advance amount you may return the same without interest or settle the amount based on the situations prevailing, even though the claim is also barred by limitation.

shubham G   28 February 2024

Thank you T Kalaidelvan sir

So he went to court for claiming ownership even after lower court dismissed his suit on basis of time limitation

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

If he has filed an appeal against the lower court decision then you can challenge the same strongly on the same points and get this appeal also dismissed.

shubham G   04 March 2024

Thank you sir 

Dr. J C Vashista (Advocate )     05 March 2024

Originally posted by : shubham G

Originally posted by : Dr. J C VashistaThank you sirMeans it has been done within 1 month as per agreement or 3 years limit ?

The limitation would be counted as per agreement i.e., 1 month, if it is provided in the agreement as 1 month from the date of agreement as "time is essence" ifor performance any agreement.

 


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