Sale agreement 2 years old can I execute the agreement

868 votes

Yes.
you can approach the court based on agreement of sale.
a sale deed is different from agreement of sale. an agreement of sale need not be registered.
as sale deed has to be compulsorily registered.
So in your case, you can file a case (criminal and civil) based on agreement of sale.

Advocate Rajagopalan LawRato

514 votes

First agreement is with you only. in agreement any conditions r there we have to see. and u paid the Amount part r full. yes u can apporach that he made agreement of sale but not made absolute. this agreement can be sent for impounding.

Advocate S.Malla Reddy LawRato

867 votes

An agreement to sell is merely a document to obtain another document, i.e. sale deed and it does not transfer title of property. No person becomes owner of a property by mere execution of agreement to sell in his favour. The Limitation Act, 1963 contains provision for limitation to file a suit to enforce an agreement to sell in Article 54 which provides that limitation period for filing a suit for specific performance of a contract is three years from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.

In your case

- What is the clause in contract regarding failure on part of purchaser to make payment?
- Is there any clause that balance amount would be paid only after purchase is satisfied about title to the property?
- Unless a deed of cancellation is been executed by both the parties in respect of registered agreement which will void the said agreement (Sale)

As well I understand that there was no exchange of money as a token amount for sale

Advocate Rajkumar Yeddu LawRato