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S.Khan (Advocate)     02 December 2013

Validity of agreement to sale

A executed an agreement to sale of agricultural land in favour of B in the year 1984 and received earnest money of Rs 24000/- out of total sale amount of Rs 25000/-. The period of executing sale deed was not mentioned and a condition was added that whenever B would pay the rest amount i.e. Rs 1000/- A will execute sale deed in favour of B. The possession of the land was delivered to B at the time of execution and registration of the agreement i.e. 1984. Neither A initiated any legal proceeding against B to pay the rest amount nor B went to the court for specific performance.

A died leaving no heir or successor. Now B is in possession of the land but have no title to the land. Can B go to the court to have the title of the land ? kindly quote the consistent law. 



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