Dear, Let me narrate my experience. An AGREEMENT for a House-site was signed in 1979. But, its original is with the Buyer, and the Seller has no copy of it to prove the agreement to sell. And, it was an unregistered document and no sale deed was also registered. In December 2005, the Seller through a Public Notice notified her intention to sell few of her properties, including the above said House-site. Within 25 days of its publication [i.e., in Dec 2005] , the Buyer published a Public Notice that there is an AGREEMENT signed in 1979 between him and the said Seller, in respect of the said House-Site.
Since then, we have been asking him to (i) give a copy of the said Agreement of 1979; (ii) to get the Sale Deed executed, by collecting the balance amount and by handing over the Agreement (or) give back the Agreement document and take back the money he gave in 1979. We have given Lawyer Notice, several Registered Notices but he is keeping silence, without replying/doing anything.
In the Agreement of 1979, there is a mention that the Sale Deed would be registered when the pending court case (relating to other property he bought from the same Seller) comes to an end. It came to end in end of March 2011, Judgement copy got in end-Jun 2011. Due to these wordings, the said Agreement naturally got an INFINITE validity.
Now, I am thinking to file a case under Specific Relief Act, against the Buyer, either to handover the Agreement or to get the Sale Deed - since, other people are not coming forward to buy the House-site. Buyer's Public Notice is the only proof to prove the existence of the said Agreement. I donot know if I am correct or not.
Mohandoss. R.
