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Agreement to Sell deed validity in case no any specific tenure mention


19-Jan-2023 (In Property Law)
We had an registered agreement without any time frame mentioned with my aunty as a purchaser ( My father is purchaser) in DEC 2010. While doing the agreement there was a loan on the property. So, both had agreed to have an agreement that upon resolve the loan by my aunty , she will complete the purchase deed. Now, her sons younger son is not showing willingness to complete the purchase deed. We have raised concern in court. Now, they are saying that the agreement is no more valid since 3 years tenure (tenure not mentioned in registered agreement) is passed. 7/12 is in name of aunty as a owner. Please let me know your advice.
Answers (2)

Answer #1
869 votes
you can approch court for specific performance and ask court to order to ask your aunt to come for purchase i.e sale of her property in case she don't comes court will allow the purchase through cour commissioner
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Answer #2
665 votes
If the period of limitation is not within three years then no court can give you any relief Why have you moved the matter in court is a matter of concern. How did the 7/12 extract bear the name of your aunt showing her to be the owner
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