Validity of Expired sale agreement
29-Sep-2023 (In Civil Law)
If the seller is not refunding payment in case of breach of an agreement to sale of land, the buyer may take the following steps:
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Send a legal notice: The buyer may send a legal notice to the seller, stating that they are entitled to a refund of the payment and demanding that the payment be refunded within a certain period of time. The legal notice should be drafted by a lawyer and sent via registered post with acknowledgement due.
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File a suit for specific performance: If the buyer has fulfilled their obligations under the agreement to sell and the seller has breached the agreement, the buyer may file a suit for specific performance in the civil court. The court may order the seller to fulfil their obligations under the agreement, which could include delivering the property and transferring the title to the buyer, or alternatively, may order the seller to refund the payment made by the buyer.
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File a suit for recovery of money: If the seller fails to refund the payment, the buyer may file a suit for recovery of money in the civil court. The buyer may also seek an injunction to prevent the seller from selling the property to a third party.
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File a criminal complaint: If the seller has committed fraud or cheated the buyer, the buyer may file a criminal complaint under the Indian Penal Code, 1860. The police may investigate the matter and file a charge sheet in criminal court.
It's important to note that the specific steps available to the buyer may depend on the terms of the agreement to sell, the applicable laws in the jurisdiction where the transaction is taking place, and the specific details of the case. It's always advisable to consult a lawyer for advice on the legal options available in a particular situation.
How long is sale agreement valid?
Is agreement of sale a valid document?
Can a sale agreement be extended?
What if agreement of sale is expired?
Thus, a registered sale agreement which becomes enforceable on account of being a registered document is valid for three years from the date fixed for the performance of obligation set forth in such agreement i.e., sale of land, or, if no such date is fixed when the plaintiff (the purchaser in this case) has the notice that performance is refused by the seller in violation of the agreement to sell. Hence, the validity of the sale agreement is three years and it gets expired after the lapse of that period.
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Prince
If sale agreement is finished and I gave three times time to buyer lastly buyer send a notice that measurement of plot is not complete what should I do next
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