Legal Question in Real Estate Law in India

problem with the agreement for residential plot

On july 2007, i made an agreement with a developer for purchasing a residential plot in a residential layout.

I had paid 33% of the total cost of the plot at the time of agreement. A stamp paper of Rs.100/- was used for this

agreement and the agreement is not registered with any registrar or notary. There is nothing mentioned about the date

on which the plot will be transferred to me through sale deed. The developer

is still not able to get conversion of the land from agricultural to non-agricultural from

the authorities. The land of the entire layout is still in the name of farmers and the developer have taken

special power of attorneys from them by paying some initial deposits. Developer says that he is not able to get

the land registered in his name since the land is still agricultural and he is not a farmer. I want to know how

long does this agreement will last?


Asked on 10/31/08, 4:42 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: problem with the agreement for residential plot

It will depend on the terms of the agreement.

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Answered on 11/02/08, 1:43 am
Nasir Butt Nasir Law Associates

Re: problem with the agreement for residential plot

Limitation for specific performance of contract follows the terms of contract, in alternative it is 3 years from the date of contract. Agreement to Sell does not require its registration. It is optionally registerable. Consideration can be recovered on the want of performance. In my opinion your contract cannot be specifically enforced on the want of ownership of your proposed seller. Since he does not own property, how can he contract? Anyhow, it is usual problem in the region. More can be suggested on the inspection of Agreement to Sell.

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Answered on 11/01/08, 12:05 am
muhamed mustaque mk associates

Re: problem with the agreement for residential plot

if any period fixed for perfmance ,then 3 yrs from the date so fixed otherwise 3 yrsfrom the date your demand to perform agreement,

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Answered on 10/31/08, 4:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: problem with the agreement for residential plot

The duration of agreement depends upon contents of the document.

If the project is not proceeding ahead, you may consider seeking refund of your money.

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Answered on 10/31/08, 7:07 am


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