Lapse of time. Can buyer get money back?

Guest (Querist) 01 October 2009 This query is : Resolved
Lapse of time. Can buyer get money back?

To purchase a building part of amount was paid 7 years ago. Buyer is residing in abroad. Seller signed on stamp paper and received advance amount towards sale. A date (3 months from the date of agreement) was mentioned in the sale deed. If the amount is not paid it will be forfeited. Buyer unable to pay in time. Buyer came to India and sent a legal notice to the seller that the seller didn’t provide all documents. In reply seller sent paper and asked him to pay amount and register the building. In the mean time buyer went to abroad. After a gap 7 years buyer came to India... Now he wants to purchase that building as per the first agreement or return of paid amount with interest. Now the seller made an agreement with some body to sell his building.

Is there any chance to get his paid amount as an advance? If chance is there under what rule he can file a suit?

Please clarify.

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adv. rajeev ( rajoo ) (Expert) 02 October 2009
Limitation is only 3 for suit for specific performance of contract. After lapse of 7 years buyer cannot force you to execute the regd., sale deed and buyer cannot entittle to get his money back.
If suit is filed it is time barred suit.

Y V Vishweshwar Rao (Expert) 02 October 2009
I agree with Mr Rajeev

How ever the Contents of the Sale agreement have to be considered to assess - is there any term or a clause to support the Claim of the purchaser .
In all cases three years is not the point . it depends on facts of each case .
However it is a claim after long time of 7 years / with forfieted Clause !

Y V Vishweshwar Rao Advocate
Hanmakonda Warangal

Raj Kumar Makkad (Expert) 02 October 2009
As described the term was only 3 months for getting registered the sale-deed. After this period, the buyer has got no legal claim. I was a good gesture on the part of seller to offer registration subject to payment of balance amount even after limitation, the buyer again failed and now he has no claim at all and there is no scope for refund.

PJANARDHANA REDDY (Expert) 02 October 2009
sri Rajkumar,
gave good explanation of the thread,thanks raj.

Sarvesh Kumar Sharma Advocate (Expert) 02 October 2009
time barrd case .

Sachin Bhatia (Expert) 03 October 2009
Your case is time barred.
Limitation for filing a suit for specific performance of contract is 3 years.

Lapse of time. Can buyer get money back?

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