Notarised sale agreement validity
20-Oct-2024 (In Property Law)
We had a notarised sale agreement which got expired on 18/sept/2024. The seller had taken time till 18/sept/2024 but he failed to provide the documentation. Now he is not returning the 5lakh advance amount also he is not agreeing to register the property as well. Will he be able to sell this property legally to other person without intimating/ Canceling the notarised sale agreement which got expired?.
As per your query above, the first thing to be noticed is, the sale agreement is notarized. whereas the sale agreement has expired on 18-09-2024, you could have taken action before the expiry of the Sale Agreement, if it was a registered sale agreement it could have been reflected in the EC (Encumbrance Certificate). you can send a legal notice from an advocate and later on can claim it in the court of law.
I advise you to provide the Copy of the Sale Agreement first, I will have to look into it, the terms and conditions and can suggest you what to be added in the legal notice.
Kindly issue legal notice for not fulfilling the condition specified in agreement and legally you can approach the court to execute the agreement and file case under specific performance of contract. Within stipulated time you have to do all the procedure if not limitation clause will be barred
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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