Vinoth 08 November 2019

Unregistered document in 2012

Hello Experts,

I need to understand a few points about an Un-registered sale agreement.

The Sale agreement was made in the year 2010 and it was Un registered.
The amount (50 Lakhs) was settled totally at the time of making the agreement. The buyer does not have to give any money to the seller.
The amount was given to the seller as a cash in hand.
The buyer missed to register his property till 2019 end.
No extension of the agreement has been made. ( the only document available is the the unregistered agreement that was made in 2012)

Now the seller refuse to give his property and he is asking buyer to get the total amount that he paid(50 Lakhs). Now my question is, what will happen if the buyer goes to the court and files a case?

What will the court say in this situation.?

Can any one please clarify on this?

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8 Replies

Vinoth 08 November 2019

Please note the agreement was made in the year 2010. Sorry for the typo.

srinu rokkam 09 November 2019

THE UNREGISTERED SALE AGREEMENT IS NOT SUPPORTED BY DELIVERY OF POSSESSION. THE TANUARE OF BARE UNREGISTERED SALE AGREEMENT IS ONLY 3 YEARS. WITHIN THAT PERIOD YOU HAVE NOT SENT ANY LEGAL NOTICE TO THE SELLER TO EXECUTE THE REGISTERED DOCUMENT. TIME LAPSED. IF YOU GO TO COURT YOUR AGREEMENT WILL NOT WORK YOU HAVE TO PAY 10 TIMES OF COURT FOR PLACING AND MARKING OF THAT DOCUMENT. SO YOUR MATTER IS VERY WEAK TO THE COURT. BETTER ANY AMICABLE SETTLEMENT. IF HE GIVES, TAKE THE AMOUNT.

Vinoth 09 November 2019

Thanks Srinu. But what will happen to the money that has been paid by the buyer. The buyer has ppaid 50 Lakhs. What will the court say about that money?

srinu rokkam 09 November 2019

AMICABLY SETTLE THIS ISSUE. ASK FOR REGISTRATION, HE MAY NOT AGREE FOR THAT. THEN ASK YOUR AMOUNT WITH ADDITION. IF BOTH ARE ARE FAILED THEN GO TO COURT FOR SPECIFIC PERFORMANCE. COURT MAY NOT DECREE YOUR CLAIM BUT MAY ORDER TO REPAY YOUR AMOUNT WITH ADDITION OR INTEREST

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Shashi Dhara 09 November 2019

Issue legal notice and file suit in competent court.surely it takes 5 years to come to evidence.witin that time compromise and tell to him I AM TIGER I don't care for any body I fight for Sathya ,dharma,nyaya,neethiand compromise for the money what he offers.if you continues case then???????

Vinoth 09 November 2019

But the question is, can the buyer claim for the land if the seller refuses to give his land? The seller is ready to give back the money that has been given 9 years ago without any interest.

Shashi Dhara 09 November 2019

Buyer has to file suit for specific performance of contract in competent court of law.it has already barred by limitation..so if you go to court as it is unregistered you have to pay heavy duty penalty .if you are ready to pay you approach court.,then if limitation point aRises the court may dismiss then you have to approach high court. Your opposite party will spend your money.you have to invest lakhs of Res in trial and appeal court.you loose again lakhs of Res .so be careful before cgoing to court.