Kamal lama 13 May 2025

Land sale agreement violation

Respected Sir,

I have a query about my land that I have sold to a guy in 2022. At that time we have made an agreement on the day of selling that land( 09.03.2022) that he will paying me some amount on that day and the remaining amount will pay by 30.04.2022. and we have issued a notary in a court in my locality.

But after that it is seen that he have not payed me the remaining money till today as per the agreement he was bound to pay the money by 2022 April. And in current scenario, I don't want to give him the land so, I am trying to return him the money he have paid me on the day of selling I.e, on 09.03.2022 but he is not ready to take the money. And trying to build some buildings on that land without clearing the whole amount of land and used to say that he will go to court.

So, respected sir what step should I take at this moment as I don't know anything about this kind cases. So as to get my land back and settle the case without any delay.

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6 Replies

R.K Nanda (Advocate) 13 May 2025

File suit for possession and injuction in civil court to get back your land and Take stay order from court against buyer to stop him from doing construction on your land.

T. Kalaiselvan, Advocate (Advocate) 13 May 2025

Did you handover possession of property at the time of entering into sale agreement?

Do you have evidence that he didn't pay the balance sale consideration amount?

If so, you may file a suit for cancellation of sale agreement, recovery of possession and for permanent injunction against the buyer immediately.

P. Venu (Advocate) 13 May 2025

Yes, who is in possession and occupation of the property?

Kamal lama 14 May 2025

Respected sir,

I didn't handover the possession of the land to the buyer at the time of entering into the sale agreement.

Sir, it's been three years that have been passed of making the notary of 1000rs stump paper, is there any validity left for that agreement ? Since three years have already passed.

Sir, can I file a suit for cancellation for that agreement without his concern.!!

T. Kalaiselvan, Advocate (Advocate) 14 May 2025

The unregistered sale agreement stands automatically cancelled or becomes null and void beyond three years of time as it is barred by limitation.

The buyer, if had not initiated any legal action within the period of three years, he cannot enforce the agreement through court of law, besides it is just an unregistered sale agreement hence the court will not entertain the enforcement of execution of sale deed even if it is within three years, however the court may pass an order to return the advance amount received from the buyer with interest.

S Jadhav 98336 98330 (Jadhav & Associates) 14 May 2025

As stated by Mr. T Kalaiselvan, the earlier agreement is time barred and has no effect.

Further, since you had not handed over the possession, you are still the owner and possessor of the land.

You can just use the land as it is owned by you and do not have to take any action to cancel anyhting. The other party may go to the court but they will lose since they have not fulfilled the payment terms. You may also nopt have to repay the money taken earlier as it may have been mentioned as a non refundable toke amount.

Also note that in India all land related transactions are to be registered to have any effect as evidence.

If anyone wishes to buy land then the appropriate procedure is to regsiter the agreement and before registration the full stamp duty is to be paid. Also, handing over physcial possesion is also necessary along with concerned evidence like a handover letter, photo/video/witness etc