Urgent need legal advice on sale agreement

hi kumar,

you can file suit under specific performance act

but do it as earlier as possible.....

Dear Kumar

the agreement is registered or not?

Dear Kandaswamy

Thanks, Can i get some reference of earlier judgemnets on similar cases that would help us to strengthen this case .

Sir,

You can just go and file suit for specific performance at the earliest as you are suit is in limitation as you just receive notice for cancellation of agreement to sale hence from that you have limitation and also file an application for temporary injunction alsong with it so that you can get stay order i..e not to sale the said property to any one except you.

just do it.

adv.s.katariya

The buyer should always have bonafides and he should always be ready and willing to perform his part of contract of sale. It seems it is too late. If you are able to prove that you have been ready and willing to pay balance sale consideration and that you have documentary proof to show that you have  infromed the vendor about your ready and willingness. If there is stipulated time in the said agreement, then you have to file specific performance suit within three years immediately after the expiry of the time stipulated in the agreement. But you will get only refund of advance sale consideration, if you file suit within three years from the date of expiry of the stipulated time. If there is no time stipulated in contract, the cause of action will begin to run from the date of first damand. Every thing depends on the recitals of the sale agreement ..............  M.RAJ KUMAR.VNM