quesSignificance of agreement of sale.

We are purchasing a property from a person. An agreement of sale(stamped but not registered) document has been signed by the vendor & vendee specifying the details of payment made so far along with other clauses of the agreement. However the vendor now seems to be hesitating in proceeding to registration & hence closure of deal. kindly confirm if the agreement of sale is a valid legal evidence. Also, what are the possible steps that can be taken by the vendee in this case to safeguard the part payment given, from being forfeited and agreement being enforced by law in case vendor does not comply with the agreement of sale till the date specified.

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    • ansThe agreement of sale, by itself, is not an evidence of the compliance or lack of it of the duties imposed by the agreement. Before you put your signature on the dotted line on the agreement get it vetted by your lawyer as your rights against the seller will flow out of this agreement alone.

      As such, it is impossible for us to say anything without going through the agreement. Subject to the waiver clause mentioned in the agreement you may issue through your lawyer a legal notice to the seller asking him to present himself for registration. If he does not comply with the demand made in the legal notice then file a law sit to compel him to remain present for registration.

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