Legal Question in Civil Rights Law in India

Tel abt validity of 20 rupees unregistered sale agreement ?

I decided to sell my house. So i had a sale agreement with the buyer. Agreement was a 20 rupees unregistered document. I got a advance of Rs.5 lakhs for selling the house. It was written in the agreement that the buyer should settle the remaining amount (i.e.34 lakhs) within 2 months from the date of giving advance money. But 2 months has passed, and the buyer has failed to settle the money within 2 months. But now(after 2 days of expired time) he is saying he is ready to settle the money. But i dont like to sell it to him. I took DD for 5 lakhs and returned the advance amount that i got from him. But now the buyer is not accepting it and he says that although it is written that it is for 2 months, the validity of agreement is for 3 years. He also says that he will goto court, and no matter even if the case goes over 3 years, he will win the case. Please tell me whether a unregistered 20 rupees sale agreement will be valid for 3 years, although it is written in agreement as 2 months. Can i legally face him in the court? Now i want to sell my house to another party. But i afraid he will create problems and make me to sell the property to him by going to court. Please tell me what should i do now and how should i safely sell my property to another party.


Asked on 7/26/13, 11:22 pm

2 Answers from Attorneys
uttam Tibrewal

dear client..............

If in sale agreement its mention that this agreement is valid for two months then its only for two months............ if order to make a sell you need to inform the first buyer.... for details mail me at [email protected]

with regards

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Answered on 7/26/13, 11:28 pm
Fca Prashant Chavan Expert Edge LLP

27.07.2013

Dear Sir,

You have entered into a Sale Agreement with the prospective buyer, accepted a token amount of Rs. 5.00 lakhs and given the buyer two months for settlement. If the terms and conditions in the Agreement specify contract performance within 02 months and the buyer fails to comply, you are right in rescinding the contract, and are kind enough in returning the token back to the prospective buyer. If you have parted with the possession and the buyer does not handover vacant possession of the property within 15 days, Police intervention to evict the prospective buyer from the premises is recommended.

Regards,

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Answered on 7/27/13, 12:16 am


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