Raja (TM) 28 September 2011
we had entered a sale agreement with my father-in-law of house and paid an advance - period of the agreement was 2 years that expired on May 2011. My father-in law did hypothecate the document and released the document on July 2011 so we were not able to buy the property as per agrement date. now when we are ready my fatherin law is not willing to sell the property demands more money. what can we do now. agreement is not a registered agreement
adv. rajeev ( rajoo ) (practicing advocate) 28 September 2011
RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 28 September 2011
Dear Raja,
you have to show your willingness and readiness that you are ready with payment and all other arrangement for registration of sale deed as per Specific Performance of contract as well as under cpc. Send Registered Letter or throuhg Speed post. thereafter expiry of 15-20 days issue notice to your father in law. thereafter file civil suit for specific performance.
Regards
Rajiv Bhasin
Advocate
Bhasin & Associates
9811210505, 9868635640
kvss.prabhakar rao (Advocate ) 02 October 2011
Sale agreement is not compulsoryy registrble documents. Sale agreement is need not necesary to register AND many rulings of apex court says. then proceed as rajoo and rajive suggested
K.V.S.S.PRABHAKAR RAO
ADVOCATE
RAJAHMUNDRY (A.P.)
09440152181
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 28 October 2011
This sale is within kith and kin. The document was hypothecated after agreement, that to by the seller and not the buyer.
Likelyhood of "Terms of sale" being loosely worded is high. Terms of the agreement will determine legality, the way law, society will handle this.
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