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Regarding Registered Sale Agreement


05-Feb-2023 (In Civil Law)
Hi team, in 2003 one person made by sale agreement to my father and sale consideration is 6 lakhs but we advance paid 5.5 lakhs to that person till now that person not interested to made sale deed so how to claim my amount of 5.5 lakhs now my father also died
Answers (1)

Answer #1
630 votes
As the ATS has been executed on 2003, and your father hasn't filed any suit regarding the recovery of the advance paid it will be hard to file a litigation regarding this. However, if you have sufficient documents and proper records of the ATS(Agreement to Sell) with you, and also you have to show records that your father has been continuously communicated regarding this sale deed, then you can file a case(by giving a rational reason to the court to believe it). As you have mentioned that your father is no more, then you must cogently explain to the court, that you came to aware about this fact recently only, so that you(all the legal heirs of your father) can either claim that amount with interest or ask the seller to execute the sale deed on you(all the legal heirs of your father). Regards, Advocate Ragul Sivanand, ARS Law Associates, Nagercoil
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