kishore
(Querist) 26 October 2011
This query is : Resolved
sir....actually X and Y ..executed saledeed agreement which not is not registered...in 2005....X sold propery to Y ...but he violated terms in agreement regarding payment....so X cancelled deed by giving lawyer notice to Y.....Y enjoying property and given to rent.....my question....whether how many days saledeed agreement(not registered) valid.....next question is Y saying now to go court and file suit against him .....(2) both x and Y stay in kurnool city but property is in hyderabad city.......whether saleddeed agreement cancellation suit can be filed in kurnool court......or it should be filed in hyderabad city...but one of my friend told sale deed agreement cancellation suits can be fiels in any city......
Raj Kumar Makkad
(Expert) 26 October 2011
Your matter is not of cancellation as it has already been made. Point is restoration of possession over the property, the possession of which was handed over to buyer prior to registration of sale-deed. Such suit should have been filed within 3 years of such notice cancelling agreement. Suit can only be filed wherein property situates.
Guest
(Expert) 26 October 2011
I think the sale agreement is already lapsed. go for suit for eviction. y cannot claim the advance money. it is barred by limitation.
prabhakar singh
(Expert) 27 October 2011
".....Y enjoying property and given to rent....." IS YOUR STATEMENT BUT YOU HAVE NOT DISCLOSED THAT IN THE AGREEMENT OF SALE THE POSSESSION WAS DELIVERED TO PROSPECTIVE BUYER WHICH HAS BEEN ANTICIPATED BY EXPERT MAKKAD.
SEVERAL COMPLICATION ARE INVOLVED NOW IN YOUR WAY IF POSSESSION WAS DELIVERED UNDER THE AGREEMENT,THE SUIT CAN HOW EVER BE FILED IN kurnool city ONLY AND NOT IN hyderabad city. YOU ARE ALREADY LATE,RUSH TO A LAWYER FORTH WITH.
Sankaranarayanan
(Expert) 27 October 2011
yes i agreed with prabhkar ji 's suggestion
Raj Kumar Makkad
(Expert) 27 October 2011
Prabhakar Singh ji! I have not anticipated rather querist has clearly posted about delivery of possession to prospective buyer and I have replied accordingly. We experts are expected to read between the lines. words can be read by any ordinary person.
R.RAJENDRAN
(Expert) 30 October 2011
You may file suit for eviction in Hyderabad city.
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