Agreement to sell an agriculture land
dashrath patel
(Querist) 24 November 2012
This query is : Resolved
I had unregistered agreement to sell a land with buyer two years ago. The land is heirloom property of my father & other 4 brothers. The agreement is signed by only 3 of them. two witnesses are illiterate..moreover one clause in the agreement says that in case of passing the due date of whole consideration will automatically cause the agreement void and no right of specific performance. The buyer has paid only 1.11 lakhs which is hardly percent of total consideration. Rs.111000/- on date of agreement to sell and shown in the agreement on simple voucher signed by only two person. There is no space for forgery in the voucher.
My question is1
1} " Buyer can demand money in future on the basis of this document ?"
2} Is this agreement is valid and what are the risk to me in future when I want to sell it ?
I would like to clarify the clause which is in Gujarati language which specifically says" from the date of agreement to sell, the seller of land shall give title clear certificate within one month and the seller will execute sale deed after receipt of the remaining consideration within 5 (five) months from the date of Title clearance certificate. Moreover in above term the agreement to sell would be automatically cancelled after passing due date and the purchaser shall not file litigation for specific performance about the said land in any court."
the date of agreement is 08/02/2011
The date of Title clearance certificate-20/02/2011
Devajyoti Barman
(Expert) 24 November 2012
You have repeated your query asking same set of answers.
It appears that the agreement stands cancelled and the earnest money is forfeited.
However you need to prove that you ask for completion of purchase within the due date after the date of title clearance certificate.
dashrath patel
(Querist) 24 November 2012
Devajyoti Barman sir, thank u very much for reply.
I want to tell u that He (purchaser) had never asked by legal notice to us to complete the purchase during the period of agreement and not received any notice till today.
ajay sethi
(Expert) 24 November 2012
well if purchaser has not asked for refund of eaarnest money of rs 16 lakhs then you are sitting on a lottery ticket . why dont you spend some money on legal fees?
dashrath patel
(Querist) 24 November 2012
Ajay sethi sir,
Thanks for your reply , I will strongly follow your advice... thanks a lot again...
Raj Kumar Makkad
(Expert) 24 November 2012
Mr. Patel! definitely you have won lottery as buyer has lost his right to litigate in the given facts of your case.
Raj Kumar Makkad
(Expert) 24 November 2012
Moreover none of us has demanded any fee from you. Enjoy now.
dashrath patel
(Querist) 26 November 2012
Raj kumar makkad sir,
fees doesn't matter, but sometimes expert's opinion must be necessary.I have taken local lawyer's advice. They warned us that purchaser might litigate you and you have to wait for five to six years for judgement.It may possible that local lawyer may not possess sufficient knowledge.
I would like to thank on behalf of my brothers because they scared from the purchaser since he had demanded big amount (indirectly by other person) for not to litigate us.
