we are purchasing a property from a person. An agreement of sale(e stamped but not registered) document has been signed by the vendor & vendee specifying the details of payment made so far along with other clauses of the agreement. However the vendor now seems to be hesitating in proceeding to registration & hence closure of deal. kindly confirm if the agreement of sale is a valid legal evidence. Also what are the possible steps that can be taken by the vendee in this case to safeguard the part payment given , from being forfeited and agreement being enforced by law in case vendor does not comply with the agreement of sale till the date specified.
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If the vendor refuses to perform his part of the agreement to sell(contract) then get issued a notice through a lawyer, providing the date and time when the vendee will appear in the sub-registrar office, if the vendor fails to appear to perform his part of the contract then sue them for specific performance or damages in lieu of the failure to perform the contract.
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Kind Regards
Setu Niket
Advocate
it is necessary to go through the agreement for sale signed between parties to advise . what are clauses in agreement relating to making payment . was time the essence of contract ? clauses relating to forfeiture ?
if seller has failed to comply with terms of contract signed between parties and refuses to close the deal and register the sale deed in such a case you can issue legal notice to purchaser .mention that you are willing to honour your obligations under the contract and fix date and time wherein you shall be attending office of sub registrar . if the seller fails to attend file suit for specific performance of contract .
1. The agreement of sale, by itself, is not an evidence of the compliance or lack of it of the duties imposed by the agreement.
2. Before you put your signature on the dotted line on the agreement get it vetted by your lawyer as your rights against the seller will flow out of this agreement alone. As such, it is impossible for us to say anything without going through the agreement.
3. Subject to the waiver clause mentioned in the agreement you may issue through your lawyer a legal notice to the seller asking him to present himself for registration. If he does not comply with the demand made in the legal notice then file a law sit to compel him to remain present for registration.
You can file a suit for specific performance of contract. To be successful, you have to show that there was no breach of contract on your part and you were ready and willing to perform your part of contract. The 'readiness' signifies that you had the balance consideration ready with you. Issue letter to the seller informing him that you are ready for performance of contract and he should mention the date when both parties can appear before the Registrar. As said in other replies the terms of the agreement are important. If there is stipulated period for performance of contract and you have not taken any steps, it may harm your interests.
issue legal notice to him and file a suit for specific performance of the agreement to sell.
