y sharma (abcd) 10 September 2011

Validity of registered agreement

Is there any validity period for a registered agreement for sale of property which does not specify any time period?

if a person enters into an agreement to sell a piece of his land to another person through a registered agreement (which does not specify any time period in which the deed is to be executed but it specifies the amount of money being taken by the seller from the buyer), then after the demise of both the persons, till what time would the agreement be valid. Can the legal heirs of the seller sell the same land to some other party (after 15 years of agreement date).

also during these 15 years no action was taken from the buyer for getting the property registered in their name. neither does the seller's heirs aware of any such agreement legally (only hearsay but no official copy available).

rgds

Y sharma

Reply Follow

3 Replies

Darshan Panchal (Advocate) 10 September 2011

The limitation for Agreement for sale is 3 years if no time limit is specified in the agreement as per the limitation act. The parties, may however at their discretion extend the same.

y sharma (abcd) 10 September 2011

Thank you Sh Panchal for the prompt reply. However, do tell me what happens when both the parties who had entered into the agreement are no more. Can the legal heirs of the buyer stake a claim on the land from the seller's legal heirs.

Also are the matters related to transfer of property not governed by limitation act?

thanks

kvss.prabhakar rao (Advocate ) 21 September 2011

I agree with Mr Panchal Ji, When time is not fixed in agreement sale time wil run from the date of demand Or refusal. In your case no time is specifide time is not essence fo contract. Please See deceased person have atttempted prior to his death. i mean any legal action taken , issueing notice.If he issued notice limitaion runs from that date. Kindly verify consult the advocate.

K.V.S.S. PRABHAKAR RAO, ADVOCATE, RAJAHMUNDRY ( A.P)