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Prashant Mane (Legal Officer)     25 August 2016

Agreement to sale

I have an issue of agreement to sale which is executed between parties in 1995 without time period and also not registered with sub-registrar. In the said agreement it is agreed between parties to sell certain properties. As per the agreement seller sold all properties except one. One of the property listed in agreement to sale is sold by seller to third parties in 2012 vide sale deed without intimating or giving notice. On these facts my question whether cancellation and specific performance suit will stand in court of law in my favour. Kindly provide your valuable inputs in regard with it.



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 5 Replies

Kumar Doab (FIN)     25 August 2016

You may show the agreement to a very able counsel specializing in revenue/property/civil matters.

It has been 21 years.

Bar by Limitation may also apply.

Prashant Mane (Legal Officer)     25 August 2016

Thanks for reply, i have approached one local but he is finding it difficult in limitation so can you suggest any way out to  cover it.

I have to file a suit for cancellatio of deed done to third party in 2012 and specific performance of agrement to sale .

Kumar Doab (FIN)     25 August 2016

If you file specific performance of agrement to sale, court shall decide.

Advocate Bhartesh goyal (advocate)     25 August 2016

Neither your suit for specific performance nor suit for cancellation of sale deed is maintainable as barred by limitation.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     25 August 2016

As per a recent supreme court judgement, the agreement to sell can only be enforced in case one of ther obligations to be enforced was to be fulfilled after a certain period of time. It would require careful perusal from a proper counsel.

Augustine Chatterjee

Advocate & Solcitor at Law

9999931153


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