Sale agreement violation Sale agreement violation

8 months ago

Sir aim aswini, n 2021 I bought a land of 1.06 acres, from B. Danappa,. Danappa bought this 1.06 acre in 2015 from Abraham deva prasad, But this Abraham devaprasad made a sale agreement to kavita in 2010, but it is not executed, so kavita sent notice and filed the suit in court against Abraham devaprasad, and B. Danappa in 2016, from then this suit is continuing in court, without knowing this I purchased the land in 2021, recently I got notice in June 2023 from kavita as D3 in this suit, so what will happen, how will be the judgement, and what to do, is there chance to my registration get
canceal please let me know what will be the judgement
Thank you.

Kishan Dutt Kalaskar

Responded 8 months ago

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A.Dear Madam,
Normally, it will be decreed in favour of Kavitha with a direction to return back the advance amount taken by the vendor with interest but you sale deed will not be touched. In other words, your sale deed cannot be canceled.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
Article 54 of the Limitation Act stipulates that the limitation for filing the suit for specific performance of the contract is three years from the date fixed for the performance or if no such date is fixed, when the Plaintiff has noticed that performance is refused. So an agreement to sell which was executed in 2010 cannot be enforceable in 2016 even though a suit for specific performance being barred by limitation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
A sale agreement is the first stage in the sale of a property. It is merely a promise to sell the property. It entails no legal obligation to mandatorily comply to it. It is the party's discretion to cancel the agreement by paying penalty. It gives the buyer no rights over the property. Hence, she cannot file a suit against you or anyone as the sale agreement is not executed and the property is not transferred in her name
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