Agreement to sell
Vikash yadav
(Querist) 15 December 2013
This query is : Resolved
i have entered into agreement to sell and also delivered the possession of agriculture land and as per terms of agreement the sale deed was to be executed on 14.11.2013. but the purchaser not appeared for execution of sale deed and not paid consideration. seller mark his presence before sub registrar. Now what are the remedy available to the vendee either re-possess the land and forfeited the earnest money what type of case vendee has to file and what are the essential pleading for this type of case. pl gave answer.
Advocate M.Bhadra
(Expert) 15 December 2013
You have mistaken to deliver possession to the purchaser without receiving full consideration.Send a Legal Notice to the vendor and if the vendor would not comply then file a suit for Declaration and Specific Performance in Civil Court to restore the possession.
The possession of the immovable property will be transferred to the purchaser by the vendor once the registration process is completed. A clause in the sale deed must state when there will be actual delivery of the possession.
An agreement for sale of immovable property should include the clause stating if there is any default by the vendor or the purchaser then the party who rescinds the contract need to pay damages to the other party for the breach of contract.
Rajendra K Goyal
(Expert) 16 December 2013
The sale is not complete and not registered. Ask the purchaser through a legal notice to return the possession. If not returned, file suit.
Vikash yadav
(Querist) 16 December 2013
thanks but tell me whether i force full take possession and file suit for dec..
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
Under a specific performance of contract if time is not essence of contract, the limitation will be three years until which the sale agreement will legally hold good, however, if it is specified and either of the party is not ready to perform their part of the contract upon either of the party is ready and willing to performs his part of the contract, the conditions thereon in the agreement will come into force, forfeiture of advance amount or a legal action to execute the contract. In this case if the sale deed was not registered after expiry of the stipulated period due to purchaser's fault, the vendor has got rights to forfeit the advance amount paid by the purchaser and also can take back possession of the property.
