Agreement of sale

naveenraj jain (Querist) 08 June 2014 This query is : Resolved
i have purchased a property under sale agreement in 2007 and paid full sale consideration on various dates and built a compound wall and taken electricity for watchman shed. due to state govt restriction registration was stopped and not yet opened for this type of land ( revenue pocket) in bangalore. now the previous owner has issued a legal notice that my agreement is cancelled
stating that we have cheated them and it has expired for three years. also he has made a police complaint against me for trespassing.
sirs i have made payments by cash. last payments was made in july 2013.
kindly advice me into my rights.

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Devajyoti Barman (Expert) 08 June 2014
Do not worry, the seller has no right to cancel the agreement if full payment is made.

However do file a suit for declaration and injunction to restrain them from making any unlawful overtures to occupy the property.

naveenraj jain (Querist) 08 June 2014
Thank you for your valuable advise
Reg naveenraj

Raj Kumar Makkad (Expert) 08 June 2014
Instead of filing suit for declaration, file suit for specific performance of agreement by issuing him a legal notice requiring him to come present before the office of registrar for the purpose of registration of sale-deed and do appear on the specific date before registrar, mark your presence by way of an affidavit there and then file a civil suit as advised. Such person can do nothing against you.

Raj Kumar Makkad (Expert) 08 June 2014
You need not worry listening his police complaint. Facts and law is in your favour.

naveenraj jain (Querist) 09 June 2014
Thank you for the much needed guidance sir...

Dr J C Vashista (Expert) 09 June 2014
I agree with the expert advise of Sh. Raj Kumar Makkad, suit for specific performance will be appropriate for seeking to execute title documents in your favour.
Police has no role.

Advocate. Arunagiri (Expert) 09 June 2014
It seems that you are already in possession. You can also obtain permanent injunction. And also you can go for specific performance,

elgin matt (Expert) 09 June 2014
I agree with Mr. Makkad filing a suit for specific performance will b the way forward.

Devajyoti Barman (Expert) 09 June 2014
Suit for specific performance of contract was not advised by me as because there was an embargo on registration of property by the govt.
If that is so then court can not pass such decision unless the embargo gets lifted.

Rajendra K Goyal (Expert) 09 June 2014
Agree with the advise of expert Devajyoti Barman ji.

R.K Nanda (Expert) 09 June 2014
agree with experts.

Guest (Expert) 09 June 2014
Well advised by all the Experts

naveenraj jain (Querist) 09 June 2014
Thank you to all the esteemed panel of experts in helping me

Raj Kumar Makkad (Expert) 09 June 2014
Most welcome from your side naveenraj.

Biswanath Roy (Expert) 10 June 2014
There are three ingredients of sale. No 1. there is an agreement of sale, No. 2.Payment of valuable consideration as per agreement and No3. goods passed over from one chattel to another chattel. In your case sale was completed but the title was not passed over according to Registration Act. So you can claim the draft deed of conveyance from the Vendor in terms of the Agreement for Sale for your approval by serving a legal notice through your lawyer. If the vendor keeps silence or otherwise reluctant to comply with your request you can file a suit for Specific Performance of Contract for redressal and relief.

Sankaranarayanan (Expert) 10 June 2014
i do agree with experts

T. Kalaiselvan, Advocate (Expert) 13 June 2014
Experience glitters. I agree with the views and opinions rendered by expert and senior learned counsel Mr. Roy Sir. In my opinion too a suit for specific performance adopting the said measure will be a better choice.

Raj Kumar Makkad (Expert) 13 June 2014
I also do agree with the reasoned advice of Roy Sir.

Agreement of sale

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