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.
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.
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.
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.