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Aman Garg (Founder)     12 August 2010

Limitation to file a suit

i had excuted an agreement to sale in the year 2000 along with one of my brother. we had also taken consideration from the company.

 

as of now nothing happened in last ten years. we are the joint owners of the property. please advise i have sold my share in the property to another company which is a sister concern of the original company and the original company has acted as a confirming party to the same sale deed.

 

can the company enforce the same agreement to sale on the pretext that the same is revived or a continuing agreement with the signing of the sale deed by me against my brother



Learning

 7 Replies

Arvind Singh Chauhan (advocate)     12 August 2010

Still the option of 498 IPC is open. You can apply under 156(3) or may file private complaint.

If there is any interim protection orders in DV Act, you can complaint against Protection Officer and Incharge of concerned police station for non compliance of protection orders.

Aman Garg (Founder)     13 August 2010

are u tlkng about the present matter which is posted by me above

Arvind Singh Chauhan (advocate)     13 August 2010

Sorry.

RITURAJ SINGH SANDHU (LAWYER)     15 August 2010

company cannot enforce agreement dated 2000 against ur brother

Aman Garg (Founder)     15 August 2010

it is agreed but will the fact the the company which is the buyer at this moment and the company which had excuted that agreement for sale are sister concern and the same company has acted as a confirming party to the sale. 

will the same not give that agreement to sale an effect of continuation and moreover my brother has taken an advance of rs 4 lakhs at that time

R.Ranganathan (Advocate)     18 August 2010

Your signing the agreement with another company and the Original company signing as a confirming party means you are reviving the old agreement and both the parties to the said old agreement are executing this agreement knowing fully well about the old agreement. Here the most important point required is the terms and conditions in the present agreement. To get a clear opinion on the subject, you are required to give briefly the terms and conditions of the present agreement. Otherwise the opinion given in the begining will be the answer as to all such general agreements.

M. A. Khan (advocate)     08 September 2010

Once you have sold your shares through final sale deed in confirmation with original company the agreement for sale completes, and it cannot be enforced now whan you have sold your shares.


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