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Roopinder Singh (Sr. Manager)     06 July 2012

Sales agreement validity

We have sold our property located in Punjab. The buyer has defaulted for 2 payment as per the Agreement to Sell (on Stamp Paper of Rs 2,000/-) . The sale deed has to be executed by 17th July’2012 being the last date of Sale Agreement. There is a line mentioned in the agreement that if payment is not made by the buyer on final date then agreement shall stand null and void. We have taken the legal opinion and have been informed that the Agreement to Sell remains valid for 3 years after 12.07.2012, if the buyer has not executed the deed and  made final payment. I would like to know:

 

1.    Whether it is true that Agreement/byana remains valid for 3 years despite null and void clause mentioned in the Agreement, if the buyer does not make final payment???

2.    If yes, then any recourse available to end the 3 years validity??

 

Please confirm by return post.



Learning

 3 Replies

sridhar pasumarthy (ADVOCATE)     06 July 2012

Time is the essence of your contract.

If the buyer fails to pay the amount as agreed under the agreement, he is not entitled to seek for specific performance of the same.  

One can't take advantage of his own wrong.

But, you may have to return advance amount to the buyer.

Adv Rohit Dalmia 9324538481 (Lawyer)     07 July 2012

Yes. Time is the essence of the contract. but needs to check the clauses of the agreement execute between you and the other party before giving any further opinion.

 

Kindly call on 9324538481.

 

Regards,

SANJEEV AILAWADI (ADVOCATE)     08 July 2012

as per Indian law a mere Agreement to buy or sell does not create any right on property

It is incorrect to state that a bayana receipt will remain valid for 3 yrs without adherence to terms and conditions regarding payment

pl. provide a copy of bayana receipt for further advice

regards

Sanjeev Ailawadi, B.A.(Hons.), LL.B., LL.M., Adv.

+91 9811058065

s_ailawadi@hotmail.com


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