The terms of agreement are sacrosanct
2) XYZ has to wait till January 2019 and if ABC fails to make payment of Rs 17 lakhs or registers agreement for sale then he has to sue ABC to recover money with interest
Breach of agreement/contract
Sir Mr . XYZ purchased Plot from Mr. ABC in District of Maharashtra for sale consideration of Rs. 13 Lacs and paid immediately Rs. 10.0 Lacs to Mr ABC and made ‘Agreement for sale” on Rs.5000 Stamp paper but he did neither paid whole Stamp Duty nor registered ‘Agreements for Sale’ Because Mr . XYZ and Mr. ABC were friends and hence Mr . XYZ had faith in Mr. ABC that he will register the ‘Agreement for Sale’ as and when he will need to do so Then Mr . XYZ sold that Plot to Mr. EFG for Rs. 15.0 Lacs and received Rs.4.0 Lacs from him and made “Agreements for Sale” with condition therein that Mr. EFG will pay balance amount of Rs.11.0 Lacs at the time of Registration of ‘Agreements for Sale’ Thereafter Mr . XYZ paid balance amount of Rs.3.0 Lacs to Mr. ABC but even then Mr. ABC avoided to register the ‘Agreements for Sale’ and hence Mr . XYZ and Mr. EFG both met Mr. ABC to pressurize him to register the ‘Agreements for Sale’ in favour of Mr . XYZ . Mr. ABC put a condition that he will not register the Plot now and in lieu thereof he offered both of them a amount of Rs. 17.0 Lacs and then following arrangements were arrived at between them :- “that Mr. ABC will pay Rs. 17.0 Lacs to Mr. XYZ or Mr. EFG on or before 10th January 2019 otherwise Mr. ABC will register “Agreement for Sale” on 11th January 2019 in favour of Mr . XYZ and then in turn Mr . XYZ will register the “Agreements for Sale” in favour of Mr. EFG and Mr. EFG will pay immediately on same day the balance Rs.11.0 Lacs to Mr . XYZ by Demand Draft But before 15 days one Agent met Mr . XYZ and told him that Mr. ABC is trying to sell the said Plot to some third party in Rs.20.0 Lacs. So Mr . XYZ met personally to Mr. ABC. But Mr. ABC refused to talk to him by saying that by virtue of new arrangement he has time up to 10th January 2019 and hence Mr. ABC asked Mr . XYZ to wait till 10th January 2019 RESULT :- Now Mr . XYZ is in trouble because if Mr. ABC sells the said Plot to any third party then Mr . XYZ will be in total Loss and not only that but Mr. EFG will also file cases against Mr. XYZ Kindly advise what Mr . XYZ must do and can do And How can Mr . XYZ secure his interest in the Plot before 10th January 2019. HARIOM
Asked 6 years ago in Civil Law
13 Answers
file a suit for specific performance of the agreement, check whether you are having a registered agreement or not and compel them to register the same as you are willing to pay the remaining part of the money owed....also depends whether there was a time clause for payment of remainder within a specified period, and if not paid then the sale may be annulled and the money refunded with interest due.
Sir is the new agreement between XYZ and ABC is written and notarised or not.
It would be better to wait till January if till time the ABC fails to register it a specific performance suit can be filed against ABC seeking registration of the plot in favour since the time line of the agreement is till January no relief at this stage can be claimed.
XYZ can give a newspaper advertisement regarding the property and agreement to safe guard interest. Further a notice or objection regarding same can be given to the jurisdictional registrar that you should be notified if the same property is sold and registered,
This is so simple. on the basis of agreement you have to file a civil suit in the Civil Court to get stay on any sale transactional said property
file a civil suit immediately and take injunction orders for not selling the same.
Also file FIR against him.
First of all go the concerned Registrar Office who do Sale Deed registered of the area and give him one application that the party concerned has an unregistered Sale Agreement in his favour by paying such and such amount to person concered in relation to purchase of land (Full description of land be given with Khasra and khatauni). Secondly file an FIR against the person concerned narrating full facts as alleged above u/s 420 IPC.
issue a public notice in 2 local newspapers informing public that plot is agreed to be sold by ABC to XYZ and latter in turn has agreed to sell the plot to EFG for which ABC has knowledge and that no member of public must deal with ABC for purchase of the plot as both XYZ and EFG have interest in that plot and if any person deals with ABC then it will be at his own risk and will be amenable to legal action by XYZ and EFG
EFG can at the most seek recovery of his money from XYZ but cannot insist XYZ to register agreement for sale with him as XYZ title was not clear to the knowledge of EFG.
Sir, Ideas of giving notice in News Paper/s and informing to concerned Registrar will be carried out But Filling of Civil Suit at this stage seems necessary because Mr XYZ came to know that Mr ABC is playing mischief by selling the Plot to third party and hence knowingly waiting for Mr ABC to perform his part in January 2019 is risky. But Civil Suit is to be filed for what ? under which section and Order of CPC ? For declaration, possession and injunction or for what ? Please be specific Guide if any other remedy, too. HARIOM
Asked 6 years ago
Sir you cannot seek any relief as for agreement still time is there to perform so cannot seek specific performance without suit no stay can be sought.
So in my opinion at this time there is possible relief available.
File suit seek injunction restraining sale of property to third parties
2) enclose copy of agreement wherein seller has agreed to register property in your name if he is unable to pay Rs 17 lakhs
Civil Suit has to filed for Specific Performance ( for implementation what has been agreed) with an application of interim order restraining the OP for going to sell land to some other one.
1. filing of civil suit at this stage is premature
2. because the original agreements between ABC and XYZ and XYZ with EFG both are superseded by the triparty agreement between ABC, XYZ and EFG
3. in the triparty agreement the due date for compliance by ABC is 10.1.19 which has not reached yet
4. in the triparty agreement both XYZ and EFG have categorically agreed to either accept refund by 10.1.19 and on failure ABC will be bound to register agreement with XYZ
5. Also there is no registered agreement between ABC and XYZ and also XYZ and EFG and thus there is no embargo on ABC to deal with his property pursuant to the triparty agreement
6. if ABC succeeds in finding a party an closing a deal with him then as per triparty agreement ABC will be bound to refund 17 lacs to XYZ
7. If ABC fails in closing a deal with third party then as per triparty agreement he will be bound to register agreement in favour of XYZ
8. So the cause of action for XYZ has not yet arisen as ABC is not in breach of the triparty agreement even though he may be attempting to sell the property to a third party - technically ABC is still the owner of the property as both XYZ and EFG do not have a registered document in their favour
9. the purpose of the paper notice would be to keep the third party informed that there are prior rights in favour of XYZ and EFG and he should thus deal with ABC keeping that in mind
Firstly it is illegal and invalid to enter into sale agreement for the property which is not entitled by the seller to a third party seller even before the property was registered in favor xyz.
Now the xyz can file a suit for specific reliefs against abc seeking to register the property to his name.
XYZ has to file a suit for specific performance of contract against abc and in the same suit he can file a petition under order 39 rule 1 and 2, seeking to restrain the seller from alienating the property in any manner and an order of ad-interim injunction on the same lines