Legal Question in Real Estate Law in India

Sir

I have entered into an sale Agreement towards purchase of second hand flat two years back. I have settled 95% of the purchase value agreed thro cheque / cash and the same is acknowledged by the seller. but till date i have not registered the sale deed which i want to do it next month.Now my question is whether the seller can refuse to register the property to my name as somebody says the sale agreemet is valid for only 11months from the date of agreement.


Asked on 12/19/09, 10:35 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the seller refuse to execute the sale deed, you may file a suit for specific performance of contract and as you have already paid the major part of consideration, the court may direct the seller to execute the sale deed. there is time limit of 3 years since the entire consideration accepted by the seller.

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Answered on 12/19/09, 11:41 pm
Shrichand Nahar S.V.Nahar, Advocate

The validity of agreement depends on the terms and conditions specified therein.

In case agreement stipulated for 11 months and despite such stipulation, seller accepted part of price even after expiry of 11 months, then said stipulation shall be deemed to have been waived.

In any case, if seller refuses to execute and register sale deed, you can approach court by filing suit for specific performance.

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Answered on 12/20/09, 12:28 am


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