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Vivek Gupta   01 November 2015

Validity of sale agreement

Dear Sir,

I entered into a registered agreement to sell my LIG house for Rs.20,00,000. The purchaser gave an advance/token money of Rs.2,00,000 through cheque. But, the cheque has been dishonoured on account of mis-spelt name. I told the purchaser over phone, but she didn't make payment. My sale agreement has a clause:
"... यदि निर्धारित दो माह में क्रेती विक्रयपत्र का निष्पादन करा पाने में असमर्थ रहती है तो अगले छह माह तक रु०२५,००० प्रति माह के हिसाब से क्रेती विक्रेती को अदा करने की बाध्य होगी तथा छह माह के बाद यह इकरारनामा स्वतः निरस्त हो जावेगा."

What is the legal validity of my agreement in the eyes of laws of U.P. Govt.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 November 2015

In order for any agreement to be deemed legally binding, it must include consideration on the part of every person or company that enters the contract. In your case the sale agreement cannot enforceable. Send a legal notice for consideration. 

Vivek Gupta   01 November 2015

Thanks a lot, Sir. May I make it clearer please:

i. Is the agreement not enforceable even if the cheque was bounced on accout of mis-spelt name only? If the purchase don't send new cheque in a week or so (because I need money urgently), can I cancel the agreement? If yes, how?

ii. If purchase pays the advance of Rs.2,00,000, but fails to get the property registered within stipulated time period (2 months + 6 months), would the agreement be stand cancelled after that period automatically? Or what would be the validity peiod in terms of the clause given in my first post?

Thanks and regards.

siddhartha sinha   04 November 2015

As rightly pointed by Mr Rachakonda no contract takes place without consideration. Immovable property needs to be registered in 4 months not 2 + 6 months. Even if it is not registered it has no bearing on agreement to sell. If it is by what is generally understood as agreememt to sell then it expires when you hand over the keys. If agreement separately mentions that it needs to be registered in given time then its another matter.

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