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Joy   01 August 2018

Expiry or cancellation of agreement for land sale

We have entered in to a 'Agreement  for Sale of Land" in the year 2009 after receiving a token amount og Rs.1,10,000.00   and  the purchaser paid no heed to  get the registration done and he vanished and  remained out of touch till 2015 and  in October 2015 he again entered into an agreement  and  paid Rs.1,40,000.00  and  kept on non co operative  mode to get the registration done  till now ie 31st July 2018, The total consideration  he agreed was RS.5,70,000.00 for 615 sq ft and now the rate of the land  has reached  RS17,22,000.00 but he is reluctant to pay a single peny more  than  the amount   in the agreement. He is in possession of the plot of land  where is running his business but has not paid a single peny as rent  till date . He has not obtained  NOC from the land lady to run  his business in that  plot of land. Now we wish to give   him three options (1) Pay the current  rate  and take the ownership (2) IF you can't afford to  pay the current  rate them  sign tenancy agreement and continue business (3) If you cannot abide by point no 1 & 2  then vacate the place  within 30 days. He has also lost a evacuation  case in 2008 when he was asked to  vacate the space  by the court but he ignored it.
There is another party that is ready to purchase  some 200sq ft of space at the current  rate, he is a new intested party.
The current value of only the land is Rs.2450.00 per sq.ft whereas  he is running is office in a single storey building constructed by the owner.

Can you please  tell me  if I'm wrong in my demand (The owner of the plot of land is a 90+yrs old widow)? Also if the reply can be made via e-mail so that this reply remains between us and by no chance they some to  know about my enquiry.



Learning

 2 Replies

Kumar Doab (FIN)     01 August 2018

Apparently the 2nd agreement was in continuation of 1st agreement.

3Y from the 2nd agreement are still not over.

You may show the said agreement(s) to a very able senior LOCAL counsel of unshakable repute and integrity specializing in rvenue/civil matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and become properly informed.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……

 

 

 

 

SOLOMON.RAJ (advocate/director)     02 August 2018

dear Joy,
The only remedy or relief what seems best to me is that you may approach The Inspector General,Registrations and Stampsand file an application seeking cancellation of the agreement of ssle as there are two grounds.
1. Sale Consideration is not recieved in full.
2. Inordinate delay is caused in paying the balance consideration that too about 10 yrs due to which irreparable losses are caused also subjecting to mental agony.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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