Legal Question in Real Estate Law in India

Agreement validity

I entered into an agreement with a builder to buy a flat and paid an amount of Rs.3,00,000 as advance to wards the sale consideration agreed as Rs.7.50,000. An agreement to sell the undivided share of land was was also executed by the builder acknowledging the receipt of the advance therein in the year 2001. Due to diffrences the same was not registered by sale deed in the sub-Registrar's office till 2006. The builder sold the flat to somebody by a registered document to some one in the year 2007 end.

Kindly let me know whether he can be sued for the cancellation of sale and reconveyance of the property to me. I was told by him that he cannot be legally proceeded after 3 years from the date of Agreement. When I lodged a complaint with Chennai Commisioner of police,the same was forwarded to the concerned police station. On referring to Asst.Public prosecutor by the police,I was informed that, he has opined that the same being a civil suit.police has no right to proceed and Iam free to approach the consumer protection council for remedy. Kindly advice me whether the 2001 Agreement can be got a life,particularly after a period of 3 days. The advance paid and subsequent payments made were also not returned to me as on date.


Asked on 2/20/09, 4:34 pm

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Agreement validity

Limitation would depends on terms of agreement.

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Answered on 2/21/09, 3:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Agreement validity

You have both the remedies available - civil law as well as criminal law; and you may avail both the remedies simultaneously. You may also file a criminal complaint challenging the order of police authorities refusing to take action; and you may also file a civil suit against cancellation of agreement; demanding possession and title of the property.

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Answered on 2/21/09, 9:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Agreement validity

You have both the remedies available - civil law as well as criminal law; and you may avail both the remedies simultaneously. You may also file a criminal complaint challenging the order of police authorities refusing to take action; and you may also file a civil suit against cancellation of agreement; demanding possession and title of the property.

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Answered on 2/21/09, 4:49 pm


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