limitation of agreement


hi to all,

              i had given an agreement of sale in the year 2006, by taking part payment by the way of cheque.in the agreement we mentioned that the buyer has to pay full sale concideration with in three months after producing all original documents. we prodused the original documents  but he is not paying remainig amount or coming for regestation.

              Hear i need a clarification reg 1) the validity time of agreement. 2) How to cancil the agreement.

 
Reply   
 
Advocate

The limitation act states that an agreement of sale is valid for 3 years. However, in your case you can call upon the vendee to honour the contract by way of legal notice for specific performance and in case the vendee doesn't respond then file a suit for specific performance, alternately if there is a forefeiture clause invoke it after giving due notice cancelling the agreement.

 
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Advocate

in agreement of sale of immovable property generally time is not the essence of contract if didnot specificly mentioned in contract. 3 years is limitation to approach the court from the last agreed date.

 
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Works In Judicial Department

first got issue a notice to him calling upon him to pay the balance sale consideration, if he fails to approach or reply, then issue a letter terminating the contract.

 

Kiran P.V, Legal Consultant, Hyderabad, Ph;9490127914

 
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civil practice

Since the agreement is of 2006,you may give him notice about cancellation of sale agreement and forfeiture of earnest money and after expiry of  certain period given in notice,sell away your property.It is not advisable to ask him for performance.

 
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Advocate

remember if you will give him notice the limitatation period will commence. cause of action will be considered continious.

 
Reply   
 

Thanks for your Valuable Suggestion.

Dear sir where to lounge a complaint regarding notary advocate who is using photo copy of notary stamps for affidavit notary please suggest me reg this.

 

 
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