Sale agreement executed on 13/2/1990 as per the agreement schedule property land is to be registred
Raghavendra chitragar
(Querist) 12 May 2011
This query is : Resolved
Question :: 1) Sirs We have execute the agreement on 10 rupees stamp paper on 13/2/1990 for purchase of land extent of 1 acre 5cents (one acres five cents ) as per the agreement we have paid complete amount of Rs 3000 (Three thousand ) and in the agreement seller will come to the register office in respect of sales of land for registration when we have call (now suppose to refuse to come for registration of schedule property owner / sellers what to do have any other way ) now we have checked RTC (pahani) Record still it is sellers father name sellers father was died before his sons now we are desired to registered the schedule property what to do. what is Indian law relating to this & is it effect any limitation act and how to apply limitation act relating to this ?
M/s. Y-not legal services
(Expert) 12 May 2011
What records you having to prove your statement? I mean apart from that agreement any records is available in favour of you?
M/s. Y-not legal services
(Expert) 12 May 2011
Sir. Go through your agreement mean there will be time frame for execute the sale.. I mean the sale agreement will be created at the time of advance payment.. Subsequently both parties will be frame a time period for the execution.. With in that time period both parties showed their ready and willingness mean that sale agreement will be converted as sale deed. If any one failed mean the aggrieved parties may approach the court of law for their remedy..
M/s. Y-not legal services
(Expert) 12 May 2011
Specific performance suit is correct remedy for your case. But your case is very weak. Cos you have to be sent a legal notice with in that time period which is mentioned in the agreement.. Before that you have to be showed your ready and willingness to complete the sale conditions.. After that you have to be filed a specific performance suit for execute the sale agreement deed.. But in your case the agreement was made in the year of 1990. Its too late..
Raghavendra chitragar
(Querist) 04 July 2013
Sirs
This is our agreement for purchase of Agriculture land as mentioned below suppose to file suit against the seller can we succeed for getting the registered of schedule land please clarify what are the relating Indian law ?
Date of execution :13-1-1990 on Rs 10/- Stamp paper
Buyer : Chitragar Narayan Rao Minor Guardian Son Kamalakar ( Kamalakar S/o Narayan Rao)
Seller : Chinnanagappa
Subject : Purchase of Agriculture land
Consideration : 2800/- ( Two Thousand Eight hundred ) Extent of Acres 1 acres of land
the said amount completely paid on the same day
terms : schedule property is to be got register seller when the buyer to call to the seller. seller to come and cooperate to register this is the condition
but now the seller refuse to come and co operate the register with the buyer
can we file suit and succeed this case
please suggest us
reason for condone delay : property in the name of seller uncle from the date of execution of the agreement now the seller get in his of the schedule property
can get register through court ?
Raj Kumar Makkad
(Expert) 04 July 2013
You need to serve a legal notice and fix the date for the registration of sale-deed and on that day be present with the registration amount and arrears of agreed amount etc. before the office of registrar and on failure of the seller to come present there, serve the legal notice and then file the suit for specific performance. The suit is maintainable because there was no fixed term in the agreement.
