Agreement to sale
tarun kukreja
(Querist) 07 June 2012
This query is : Resolved
hi experts
well in 2005 i entered into agreement to buy 1670 sq mtrs of land from a total chunk of 4670 sq mtrs of land, and the seller had to demarcate my share of the land, i made all payments and the agreement to sale is stamp duty paid and also registered, but the sale deed was never executed, now the seller is not agreeing to anything,he is offering double of amount paid and asking me to exit, wherein the land price has gone eightfold, what legal remedy i have in this matter
adv. rajeev ( rajoo )
(Expert) 07 June 2012
Your agreement of sale is time barred, within 3 years you could have filed the suit. It is better to compromise with the seller.
N.K.Assumi
(Expert) 07 June 2012
Did he gave you the acknowledgement receipt of consideration amount received by him paid by you?
ajay sethi
(Expert) 07 June 2012
the seller has executed a agreement for sale duly stamped and registered in your favour . only demarcation has not been done . issue legal notice to seller and move consumer forum for deficency in service
Adv.R.P.Chugh
(Expert) 07 June 2012
The period of limitation for a suit of specific performance of contract commences from date fixed for performance and if no such date fixed - when the other party resists. You have said that the agreement to sell was executed in 2005 - in absence of any specified date agreed to execute - you can sue for specific performacne taking help of some exclusionary clauses.
Consult a local adv. with Agreement copy.
tarun kukreja
(Querist) 08 June 2012
thanks experts...the acknowledgement of payment is in the agreement itself, anyways if anyone from kalyan, or mumbai, so that i show the agreement and get an advice
