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Venugopal (Sr.Exe)     29 March 2011

Agreement of Sale

Isn't an 'Agreement of Sale' a Contract and won't it come under the legal conditions of Law of Contracts?



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 2 Replies

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


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