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Kumar (Consultant)     17 October 2011

Urgent need legal advice on sale agreement

Hi All, I need your inputs on this case as this has been pending for a long time . I had an sale agreement with one seller 3 years back and he has not made required documents availalbe till date to go ahead with the sale deed.  Meanwhile, 9 months back he himself sent me a notice to cancel the sale agreement for which i replied thru my lawer that he has to uphold the sale agreement and he cannot cancel it now. 

I had not filed any case till date but i would like to go ahead legally as i have already given enough time on this. Now my lawyer says that the agreement date is expired as it is already 3 years but he has some inputs that the agreeement is still valid for further 3 years from the date of the first notice from either parties.   I have been talking to my lawer for last 30 days but he is still not able to get a proper confirmation on the validity of the agreement before we go ahead the legal way.   Can some one provide some inputs on judgements on such cases simialr to my case where in the judgement is towards the buyer on similar scenario.  What is the general law towards this .  Is the agreement valid from the date of the first notice or not. You valuable inputs would help me in taking a call on this case asap.  



Learning

 5 Replies

kandaswamy (Advocate)     17 October 2011

hi kumar,

you can file suit under specific performance act

but do it as earlier as possible.....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 October 2011

Dear Kumar

the agreement is registered or not?

Kumar (Consultant)     18 October 2011

Dear Kandaswamy

Thanks, Can i get some reference of earlier judgemnets on similar cases that would help us to strengthen this case .

sachin katariya (advocate)     21 October 2011

Sir,

You can just go and file suit for specific performance at the earliest as you are suit is in limitation as you just receive notice for cancellation of agreement to sale hence from that you have limitation and also file an application for temporary injunction alsong with it so that you can get stay order i..e not to sale the said property to any one except you.

just do it.

 

adv.s.katariya

rajkumar.vnm.marupeddi (advocate)     22 October 2011

The buyer should always have bonafides and he should always be ready and willing to perform his part of contract of sale. It seems it is too late. If you are able to prove that you have been ready and willing to pay balance sale consideration and that you have documentary proof to show that you have  infromed the vendor about your ready and willingness. If there is stipulated time in the said agreement, then you have to file specific performance suit within three years immediately after the expiry of the time stipulated in the agreement. But you will get only refund of advance sale consideration, if you file suit within three years from the date of expiry of the stipulated time. If there is no time stipulated in contract, the cause of action will begin to run from the date of first damand. Every thing depends on the recitals of the sale agreement ..............  M.RAJ KUMAR.VNM


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