Validity of notary agreement
Querist :
Anonymous
(Querist) 14 December 2020
This query is : Resolved
Hello Sir,
I was done notarized agreement in Mar'20 to purchase agriculture land of 4 acre.
Out of 4 acre land, 3 acre land were separated on his name and 1 acre land is unseparated with other relatives.
In notarized agreement, we were given 3 months timeline to seller for separation of his 1 acre land on his individual name. Due to Corona lockdown, we given verbal extension for document correction and decided to do registry post Diwali vacation.
Now seller got higher offer from other person and he don't want to sell land to me.
Need support, whether notarized agreement is still valid or expired post 6 months?
Rajendra K Goyal
(Expert) 14 December 2020
Discuss with local lawyer, show the document and discuss to file suit for specific performance.
Guest
(Expert) 14 December 2020
By filing a Suit for Specific Performance you would certainly get the remedy.
Guest
(Expert) 14 December 2020
Do not worry about Notary Public attestations the Sale Agreement would be Legally Valid even with out it.
Advocate Bhartesh goyal
(Expert) 14 December 2020
Validity of sale agreement is three years from the date of it's execution although unregistered sale agreement is not admissible in evidence unless registered with Sub Registrar office.|So it will be better before filling suit for specific performance, get agreement registered with sub registrar office.
kavksatyanarayana
(Expert) 14 December 2020
Yes. In many states, according to the amendments of Registration Act, the agreement to sell is a compulsorily registerable document. Hence notarised agreement is not valid. Now the seller may not come to registration. However, consult a local lawyer in the matter.
SHIRISH PAWAR, 7738990900
(Expert) 15 December 2020
Hello,
There is no expiry date of the agreement it is valid once it is executed. However, your agreement is notarised document so it is not admissible in a court of law. In your case you have to file a specific performance of a contract in civil court otherwise the seller may go with a higher offer.
Advocate Bhartesh goyal
(Expert) 15 December 2020
As Per Art 54 of Limitation Act validity period for performance of agreement is three years from date of its execution or three years from its denial to perform.
Rajendra K Goyal
(Expert) 15 December 2020
Agree with the expert Advocate Bhartesh goyal.
A. A. JOSE
(Expert) 17 December 2020
In States like Gujarat, Agreement for Sale needs to be compulsorily registered and notarised document may not serve the purpose. You have not disclosed as to where the land is situated.
