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BINOD kUMAR (MANAGER)     01 November 2009

 

Whether a agreement to sale a property is remain valid even after expiry of the date/time limit specified there in for execute the transaction?
 
One broker has taken my signature on an agreement to sale my property to the second party. The agreement to sales was signed by me & notarized before the signature of the second party. One copy is provided to me. Later on it is brought to my knowledge that, he created a dummy customer for my property & even denied to provide signed copy of the sales agreement after repeated request. However the time limit specified there on has already expired.
 
My quarry is whether it is a valid agreement. & can he misuse the paper?
 

Anish goyal (Advocate)     01 November 2009

Firstly the date of execution on the agreement to sell is not the expiry date of it. The contract is still exists. 2nd you can file a suit 4 cancellation under section 31 of specific relief act 4 cancellation of agreement of sale on the ground of fraud.

BINOD kUMAR (MANAGER)     02 November 2009

Dear Mr. Anish,

Thank You for ur advice. Please let  me know where to file the suit  for cancellation under section 31 of the specific relief act  ? And it is known the same is not a valid agreement which was notarized before the signaure of both the party to the agrrement.. I dont not know the detals of the second party als.

Regards

Binod


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