Legal Question in Real Estate Law in India

Unregisterd Aggrement to Sale

(1) Buyer B and Seller S execute an unregistered aggremnt to sale for selling agriculture land for 15 lacs

(2) Seller S receives Rs 12 lacs by cheque but signs on the aggrement that he has received Rs 15 lacs as it is aggreed to get Rs 3 lacs after some time and also performs part sale deed and gives the possession of the land to seller S

(3) Now Seller S is refusing to pay Rs 3 lacs to Buyer B .

Can seller S revoke this aggrement and refuses to perform sale deed for remaining part of agriculture land


Asked on 9/06/06, 5:26 am

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

Re: Unregisterd Aggrement to Sale

If in the Agreement to Sell it is stated that seller had received Rs.15 Lacs by cheques with details thereof and in fact those cheques are not received, then seller can easily demand the money which was stated to be paid by one or more particular cheques, which infact neither received nor encashed by seller.

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Answered on 9/07/06, 1:04 am
Vishwa Arya Arya & Co.

Re: Unregisterd Aggrement to Sale

I personally feel there is some thing wrong with your question. It seems you are mixed up with seller s and buyer b. Please do recheck.

In any event, once Seller S has received part consideration of Rs. 12Lakhs which has been encashed by him the buyer B is certainly entitled to specific performance of the agreement, with possession of entire land by Buyer B subject to payment of the balance consideration of 3 lacs by Buyer B to seller S.

Any other question, please do not hestitate to write.

bhushan arya

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Answered on 9/07/06, 3:46 am


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