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Leoprabhu Ekambaram   07 May 2025

Seller not cooperating to register sale deed as per sale agreement

I have enetrered into a unregistered sale agreement to purchase a agriculture land. As per Sale agreement the sale value is 88 lakhs and paid amount of Rs 10 lakhs as advance during sale agreement (mix of cash and online payment). As per agreement the sale deed to be registered within 3 months. The seller has already entered into a registered sale agreement with other party and this was told to me before my sale agreement is made and this was captured in our sale agreement as the seller to settle the loans on the property to enable registration of sale deed. However, as per earlier sale agreement there was a case,  for which decree was passed to execute the sale deed as per Sale agreement entered earlier, this judgement was stayed by High court at this moment. But nothing related to the case was disclosed to be during earlier discussions, which we came to our notice after probing the seller while he kept on delaying the sale deed registration.

Now the 3 months as per our sale agreement is about to over. 

What shall I do to enforce my sale agreement, the buyer as per previous sale agreement is ok to cancel the previous sale agreement in SRO on receipt of the money which I'm also ok to remit him directly.

Also suggest on 

 1. How the stay/ previous case will be cleared, what implications it has in my sale deed which shall be signed by the buyer as per earlier sale agreement also

2. Can I treat this as cheating as the seller has not disclosed about the case wrt earlier sale agreement 

3. How to enforce my right as per my sale agreement, to make the seller to transfer property tilte through sale deed.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     07 May 2025

If the previous buyer agrees to cancel the sale agreement by a registered cancellation deed, then you can involve the seller and get into a tripartite agreement by the seller agreeing to execute the sale deed in your favor if you transfer that amount to the previous buyer and he cancels the previous sale agreement.

2. yes, you can,

3. Since the appeal is pending you cannot enforce the execution of your sale deed, other wise you can get into the compomise as stated in the first para above

1 Like

R.K Nanda (Advocate)     08 May 2025

Consult local lawyer for proper legal guidance as your case is complicated one. Moreover,  it is not possible to reply such long question on free legal site.

P. Venu (Advocate)     08 May 2025

Are you a party to the case that has been decreed but stayed by the High Court.

The facts posted suggest breach of promise but not cheating. You can seek damages/compensation against  the loss and incovenience.

Leoprabhu Ekambaram   08 May 2025

I'm not the party to the case that was decreed and stayed. This was not disclosed to me while I entered into sale agreement.

P. Venu (Advocate)     08 May 2025

You can initiate civil action claiming damages/compensation.

T. Kalaiselvan, Advocate (Advocate)     09 May 2025

Any legal action action taken by you to enforce the execution of sale deed, may not be maintainable especially when the matter is pending litigation. 

you may have to wiat for the disposal of the appeal otherwise you can take criminal action by lodging a criminal complaint with the local police against the builder. 

1 Like

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