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sandeep (ENGINEER)     17 July 2012

Sale agreement

Hi This is a query regarding validity of sale agreement entered.

- My mother had bought a site in 1987.

- She made an agreement in 1991 to sell the plot to a person(Agreement registered or not is still unclear )

- the agreement wasnt executed till 2006

- My mother expired in 2006.

- Now the person in whose favour she made an agreement wants to exercise his right in the Agreement .

-MY QUESTION

IS IT IS LEGALLY VALID TO EXECUTE THE AGREEMENT NOW.(2012) ??

Need your valuable suggestions regarding this



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 July 2012

Why the agreement not executed for so many years? was there any condition attached to it as to the performance of the contract? If not then, he cannot legally force you to sell it to him now. 

sandeep (ENGINEER)     17 July 2012

Thank you for the reply.

The person (with whom the agreement was made ) is now telling that the site had been mortgaged by my mother for some other loan that s why he was silent for so many years . But in fact all the loans which my mother owed to Bank had been cleared in 2003.

Can we construe this as a condition attached ? But this condition isnt mentioned in the agreement

Adv Archana Deshmukh (Practicing Advocate)     17 July 2012

If it is not mentioned in the agreement then, no need to consider it as a condition precedent to the sale. And in any case even it had been so, as the loan was cleared in 2003, the agreement is still unenforceable now. The limitation is 3 years from the cause of action. So no need to worry.

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