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Time Limit for Execution of Agreement of Sale/Purchase

Page no : 2

pawan kumar (-)     07 June 2011

further to my message dt 6june 2011i want to add i served legal notice on 12june 2011 forefeiting amt paid by vendee and cancelling agreement to sell

pawan kumar (-)     07 June 2011

further to my message dt 6june 2011i want to add i served legal notice on 12june 2009 forefeiting amt paid by vendee and cancelling agreement to sell now pl.advise dt whencause of action arises.

SACHIN AGARWAL (ADVOCATE)     08 June 2011

You have not conveyed the reason for extention of time limit for execution of sale deed.

However, even after your notice dated 12.06.2009, the vendee has a right to claim specific performance of contract within a period of three years from 30.04.2009 i.e. upto 30.04.2012.

In the suit the vendee would have to prove that he was having sufficient funds to pay you the balance sale considerartion and for registration charges and the vendor failed to execute the sale deed thereof and in case the vendor succeeds in proving that the vendee was not having sufficient money for payment of balance sale consideration and for registration of sale deed, vendor would succeed.

Whereas the question of escalation in proeprty prices is concerned, normally it remains the agreed price and the Courts do not permit any amount other then mentioned in the agreement.

pawan kumar (-)     08 June 2011

RESPECTED SACHINJI THANKS FOR YOUR CLARIFICATION AS REGARDS DATE OF CAUSE OF ACTION. FOR EXTENDING ONE MONTH TIME NO REASON WAS WRITTEN, VERBALLY VENDEE TOLD HE HAS NO MONEY. I FEEL VENDOR IS PUT TO HUGE LOSS AS ONE SELLS PROPERTY BECAUSE FUNDS ARE URGENTLY NEEDED.PL. TELL CAN I SELL PROPERTY TO 3RD PERSON AS 2YR 2MONTH HAVE PASSED FROM  EXTENDED AGREED DATE OF REGISTRATION 30-04-2009 AS I AM IN  URGENT NEED OF FUNDS.

pawan kumar (-)     08 June 2011

 SIR I MAY ADD I HAD GOT MARKED MY ATTENDANCE IN SUB REGISTRAR OFFICE ON 31-03-2009 EARLIER AGREED DATE OF REGISTRATION AND ALSO ON 30-04-2009 EXTENDED DATE OF REGISTRATION PRESENTING MYSELF TO PROVE MY WILLINGNESS TO PERFORM MY PARTOF AGREEMENT. I HOPE ADVANCE AMT. GIVEN BY VENDEE STANDS FORFEITED AS PER TERMS OF AGREEMENT ONLY REMEDY LEFT TO VENDEE IS TO FILECASE FORGETTING REGISTRY. IN AGREEMENTCLAUSE WAS PUTTHAT IN CASE VENDEE DEFAULTS HIS ADVANCE MONEY WILL BE FOREFEITED AND IN CASE VENDOR DEFAULTS VENDEE CAN GET REGISTRY DONE THROUGH COURT. IN THE GIVEN SITUATION PL. GUIDE I BEING VENDOR HOW SHOULD I PROCEED AS IAM IN URGENT NEED OF FUNDS AND VENDEE IS SILENT AND NOT RESPNDING ANY WAY

pawan kumar (-)     08 June 2011

 SIR I MAY ADD I HAD GOT MARKED MY ATTENDANCE IN SUB REGISTRAR OFFICE ON 31-03-2009 EARLIER AGREED DATE OF REGISTRATION AND ALSO ON 30-04-2009 EXTENDED DATE OF REGISTRATION PRESENTING MYSELF TO PROVE MY WILLINGNESS TO PERFORM MY PARTOF AGREEMENT. I HOPE ADVANCE AMT. GIVEN BY VENDEE STANDS FORFEITED AS PER TERMS OF AGREEMENT ONLY REMEDY LEFT TO VENDEE IS TO FILECASE FORGETTING REGISTRY. IN AGREEMENTCLAUSE WAS PUTTHAT IN CASE VENDEE DEFAULTS HIS ADVANCE MONEY WILL BE FOREFEITED AND IN CASE VENDOR DEFAULTS VENDEE CAN GET REGISTRY DONE THROUGH COURT. IN THE GIVEN SITUATION PL. GUIDE I BEING VENDOR HOW SHOULD I PROCEED AS IAM IN URGENT NEED OF FUNDS AND VENDEE IS SILENT AND NOT RESPNDING ANY WAY

pawan kumar (-)     08 June 2011

RESPECTED SACHINJI THANKS FOR YOUR CLARIFICATION AS REGARDS DATE OF CAUSE OF ACTION. FOR EXTENDING ONE MONTH TIME NO REASON WAS WRITTEN, VERBALLY VENDEE TOLD HE HAS NO MONEY. I FEEL VENDOR IS PUT TO HUGE LOSS AS ONE SELLS PROPERTY BECAUSE FUNDS ARE URGENTLY NEEDED.PL. TELL CAN I SELL PROPERTY TO 3RD PERSON AS 2YR 2MONTH HAVE PASSED FROM  EXTENDED AGREED DATE OF REGISTRATION 30-04-2009 AS I AM IN  URGENT NEED OF FUNDS.


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