This absolute rule is subject to the exception of Section 53A of the Transfer of Ownership Act. Paragraph 53A provides that, where the buyer has acquired possession of the transferred asset while fully fulfilling its part of the obligation under the contract, the seller is not entitled to interfere with the asset so bestowed on the buyer. It may be noted that Article 53A provides the prospective purchaser with a shield against the transferor and prevents the transferor from interfering with the purchaser`s property, but it does not repair the buyer`s title to the property. Ownership of the property remains the property of the seller. 3. The buyer must prove that he has always been willing and willing to fulfil his share of the obligations arising from the contract – which he will not fulfil in the event of non-payment 2. If he does not present the balance for the execution of the deed of sale within 4 months, you can send him the notice of a lawyer to terminate the contract and lose the advance paid to him. An action for certain performance of the contract may be brought in order to obtain a judgment of the civil court against him in order to perform his part of the contract or to pay the agreed sale consideration. 3.
If you decide to increase the consideration for sales, a new agreement must be in writing. 2) If, according to the sales agreement, 4 months were given to make the payment and the buyer did not make the payment of the balance of Rs 19 lakhs, you should have given notice of termination of the contract after the expiry of the 4-month period. (2) He must go to the registry office to terminate the contract. 1. Why were there two written agreements? Were they executed on the same day? 5. Yes, your property will be charged due to the first sale 1) Give the buyer legal advice to pay the balance, as it was mentioned in the agreement that the final payment must be made within 4 months A sale agreement is an important document in the process of selling and buying a property. This Agreement contains and binds the terms and conditions agreed between the parties. A sales contract is the basic document on which a deed of transfer or sale is written. It is always advisable to have a written sales contract. Answer: The purchase contract is valid, but if 4 months ago, execute the contract within 4 months and register it.
Otherwise, it would invalidate the contract. Even after the execution of the papers, the property must be registered within 4 months; 1. The duration of the purchase contract is not regulated by law, but only by the parties. Since your purchase contract stipulates that the deed of sale must be executed within 4 months, it is sacrosanct, although the duration can be extended by the parties of the other. The purchase contract is valid for three years. If there is a negative clause in the contract, e.B. the buyer must register the property within three months, and then the limitation period is extended by this period. It is in your interest that, despite the negative clauses that you find in the contract, you comply with the following: if the sale is not registered, you must issue a notice of revocation and cancellation of the contract, even if the contract is terminated within a period of time. Cancel the contract with validity. It is always advisable to do so. It all depends on the clauses formulated in the agreement.
It is always good to repay the advance drawn. A: Yes, it is possible. However, please note the authenticity of the buyer. Go to the bank where the buyer takes out the loan, ask whether or not they applied for the loan and how long it would take to release the loan. If possible, you can also go with the buyer. But it appears that he unnecessarily prolongs the case, issues legal opinions and cancels the purchase contract. The seller of the property for indirect sale after receiving the agreed consideration provides ownership of said property and executes all or part of the following documents: the property can be transferred by different modes, that is, by sale, mortgage, rental, gift, exchange, etc. Under the Transfer of Ownership Act 1882, section 54 states that sale is defined as the transfer of ownership of a property in exchange for a price paid or promised or partially paid or partially promised. “Transactions such as `GPA sales` or `SA/GPA/WILL transfers` do not transfer ownership and do not constitute a transfer, cannot be recognised or be a valid type of real estate transfer.
The courts do not treat these transactions as transfers made or completed or as transfers, as they do not transfer ownership or create an interest in any property. Such transactions cannot be invoked or used as a basis for transfers to municipal or tax registers. The purchase contract may or may not lead to an actual sale of the property in question. Some of the stamp duty laws, such as the Stamp Act of Maharashtra, consider an agreement to sell a property on the same basis as an appropriate deed of transfer and are therefore subject to the same stamp duty that applies to the appropriate deed of transfer or sale of a property. Because of these provisions that require the payment of stamp duty on a contract of sale, people mistakenly perceive a contract of sale as an appropriate deed of sale. 2.Je would advise you to cancel the contract and sell it to another person. First, reap the benefits of your own land. A discussion above therefore indicates that real estate can only be legally and legally transferred/transferred by a registered deed of transfer. Transactions of the type of gPA sale or contract of sale / surrogacy / testamentary transfers do not transfer ownership and do not constitute a transfer, nor can they be recognized or a valid means of transfer of real estate.
In the case “Mahomed Yaouoob Ally v. Chhotey Lal”, AIR 1939 Pat 218, it was found that the sale of property with a value of less than Rs. 100 by means of an unregistered deed of sale is not mandatory that the delivery of the goods coexists with the execution of the deed of sale. Thus, the sale would be valid even if the delivery of possession of the goods takes place in the continuation of the deed of sale after its execution. Even in the cited case “AIR 1937 Mad 265”, it was found that if the sale for less than Rs. 100, the non-registration does not depend on the validity of the transfer, if the purchaser is able to arrange an oral sale, and the delivery of the possession will be made in execution of this. Therefore, it can be considered independent of the other. Therefore, it is necessary to take legal action in order to have the document registered by the court. 1. Since the potential buyer has not kept his promise to pay the remaining amount within the agreed period of 4 months, you can revoke the contract by sending a lawyer`s notice. 2. If you both want to conclude the contract successfully, you can extend the validity by mutual agreement for another period or conclude a new contract.
Alternatively, you can give legal advice to the other party. 1. The contract is valid until you terminate it due to non-payment of the remaining selling fees. 2. Issue a legal notice on the payment of the remaining sale consideration and inform him that if he has not paid the consideration for the remaining sale, the purchase contract will be automatically canceled. If the term is essentially contract, he must pay the remaining sales consideration within the period specified in the agreement. If he has not paid, you can terminate the purchase contract unilaterally through the act of revocation. 3. Yes, it is possible. In an earlier decision of 15.5.2009, the court had pointed out the negative effects of the so-called general power of attorney for the contract of sale or purchase / general power of attorney / transfer of will as follows: 4. The buyer no longer has the right to acquire said property in accordance with said purchase contract after the expiry of the 4-month period specified in the sales contract. All parties involved should also be aware that this document can be cited as legal evidence in court and that all those who have agreed to comply with the conditions are legally obliged to do so.
(2) whether, in a registered contract, time was an essential part of the contract. Please clarify this. Has it been mentioned that payment should not be made within 3 months? “A contract for the sale of immovable property is a contract under which the sale of that property takes place on the terms agreed between the parties” – Article 54 of Article 54 further provides that “it does not in itself create an interest or burden on such property”. In cases where you have purchased and taken possession of a property under a purchase agreement, title will always remain with the developer, unless a deed of sale has been signed and subsequently registered under the Indian Registration Act…