Legal Question in Civil Rights Law in India
A a owner of immovable property executed an agreement to sell with B.one of the main condition is that first owner has to execute a registered agreement of sell and thereafter within 2 monthes sale deed is to be effected as per regd.agreement.NO REGD.AGREEMENT IS EXECUTED.purchaser B filed a suit for specific performance to execute a sale deed.whether suit is tanable?i think as agreement is to execute an regd.agreement is not enforceable.am i correct? pl.send me some citations/decisions of h.c./s.c.
1 Answer from Attorneys
even if the agreement to sell is not registered and an agreement to sell is executed along with a receipt of earnest money, the suit for specific performance is maintainable. for the citations and judgments, you need to pay requisit fee to the counsel.
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