sam (self) 17 April 2010
Recently I signed a non registered sale agreement of property accepting 37 lakhs as advance amount in a 50.rs stamp paper. But the real estate price boomed and now i don't want the sale agreement to get executed and i was willing to return back the advance amount.But the buyer is not willing to accept that and he is going to file a suite against me to get the agreement executed. kindly give me advice on this matter.
Suchitra. S (Advocate) 18 April 2010
Non registered agreement is not enforciable. So, not to worry. You may return back the amount recieved to the buyer.
sam (self) 18 April 2010
THANKS
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 18 April 2010
Agreement of sale need not be registered.
Unregistered sale agreement is valid and enforceable. Courts have said even oral agreement to sale is valid.
Talk to buyer and negotiate. Escalation of price cannot be a reason for refusal to perform contract.
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 18 April 2010
I will go with Mr. Ramesh.
There is big difference between agreement to sale and sale. Agreement to sale need not be registered but a sale deed must be registered. So This agreement is valid. How ever you may avoid this agreement on the ground of force majuere.
AMARJEET (DEPUTY MANAGER) 27 April 2010
DEAR ANSARI/ THE AGREEMENT TO SALE FOLLOWED BY POSSESSION THEN IS IT MANDATORY TO BE REGISTERED ? IF REQUIRED THEN IN THAT CASE WHERE AN UNREGISTRED A GREEMENT STANDS ? COULD U PLS ENLIGHTEN ME AS THERE IS CONFUION PREVAILING OVER THE SAME ABOUT THE ENFORCEABILITY OF THE UNREGISTRED AGREEMENT.
AMARJEET (DEPUTY MANAGER) 27 April 2010
SORRY ITS "DEAR ANSARI JEE" NOT ANSARI TYPING MISTAKE KINDLY IGNORE MR.ANSARI JEE
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