Isn't an 'Agreement of Sale' a Contract and won't it come under the legal conditions of Law of Contracts?
Venugopal (Sr.Exe) 29 March 2011
Isn't an 'Agreement of Sale' a Contract and won't it come under the legal conditions of Law of Contracts?
adv. rajeev ( rajoo ) (practicing advocate) 29 March 2011
yes it is a contract. You can claim the releif under secific relief act.
SALA SATEESH (lawyer) 29 March 2011
Dear Sir,
Firstly - agreement to sale always stipulated with certain condtions which may be fulfilled during the course of time or at the convenience of the parties to the agreement.
the agreement will be enforceable at law as it fulfills conditions of a contract but with certain condtions which will be adhered in the due course of the time.
agreement does not confer any rights( right to enjoyment, transfer, possession etc.,) in the schedule of the property, subject to the compliance of the terms and conditions a transfer of property will take place then rights in rem will arise otherwise it will be only right in personum. for the performance of the obligation right to remedy is avialable to purchaser against the sellor.
agreement will become a contract if all the stipulated conditions are fufilled then full fledge conferment of rights arises.
Regards,
S.Sateesh