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Joydeep Mitra   06 June 2019

Unregistered sale agreement

My grandmother signed a sale agreement with a promoter for a flat/ apartment where she was staying at that time. The property is in Kolkata, West Bengal. She passed away after that. The promoter did not register the sale agreement. The agreement was signed around 2014-15. We are staying at this flat/ apartment since Dec. 2002. How long is the sale agreement valid? Can the promoter throw us out in future? The promoter also has the property deed in his possession. Kindly, answer.

Regards,

JM



Learning

 6 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     06 June 2019

Unregistered Agreement has no legal value. At the most it can be treated as a letter of acknowledgment for the amount received. The Genuineness of the Agreement has to be proved for that. Validity of the Agreement starts from the date mentioned in it for performance.

Joydeep Mitra   06 June 2019

Thanks for your reply. This is under West Bengal Cooperative Housing Society. My grandmother has passed away and since then my mother is the 'member/owner' of this property. If we do not press for registration can the Promoter unilaterally go for the same. Is there any time limit within which the registration needs to be done or the sale agreement becomes void. Can you please answer?

Kishor Mehta (CEO)     07 June 2019

You have not informed if any payment was given, either with a cheque or in cash.

Joydeep Mitra   08 June 2019

It was a cheque.

Ajay Kumar (Junior Assistant )     01 September 2020

The Promoter may file a Specific Performance Suit against you and sue you in the Court.

Advocate Bhartesh goyal (advocate)     01 September 2020

Since agreement was executed in the year 2014-15 therefore now it's limitation to perform which is 3 years from it's execution or denial  to perform within 3 years of execution has expired so now prmotor  is barred by lae  to take legal action against you.


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