E-Stamp registered agreement validity
8 months ago
Dear Sir,
Recently, my friend(who is a seller) made a registered agreement for his plot with the buyer with Article 5 Agreement (Memorandum of an agreement) on e-stamp paper and registered that in Teshsil. Somehow, the Buyer removed the agreed date from the final signing from the seller by when he will get the registry done under his name now he is not agreeing to add the date in that original agreement. However, it's mentioned in the final agreement that within the agreed time the buyer will get the registry done under his name with no mention of the date and year. So, in this case, what possible action seller can take against the buyer as he has now no time limit in this case. In the draft, the time period was there and agreed on WhatsApp and calls as well but now he is refusing to add the date in the rectification deed. In case, he agrees to a 100 Rs Stamp for the time will that work for the buyer? In case, he doesn't agree on that part as well what action buyer can take for the cancellation of this agreement in case he refuses to cancel that as well? Kindly suggest.
Under section 17 of the Indian Contract Act, 1872, fraud is defined as any act committed by a party to a contract, or with his connivance (willingness to allow), or by his agents, to deceive or trick the other party, his agent, or to induce him to enter into the contract. A promise is not intended to be performed if it is made with no intention of fulfilling it on either party's end. This is because it is made with the sole objective of preventing the other party from dealing with or entering into a contract with the other party. According to Section 19, the legal effect of fraud in a contract whose consent was gained through fraudulent means is voidable with the permission of the other party. The person who was misled has two options. He can either cancel the contract to the extent that it is not being performed, or he can confirm the contract and demand that he be placed in the same situation as he would have been in if the representations were true. So, in the prevailing situation, you need to serve a legal notice to the purchaser putting a mandate for the performance of his obligation failing which the Agreement to Sell shall stand cnacelled/terminated and the advance or earnest money stands forfeited. In case you need any legal assistance in the matter you may contact our legal team with all relevant papers.
Your friend may issue a legal notice requiring the buyer to register the sale deed by paying the outstanding amount. He may alternatively issue a legal notification forfeiting the advance payment paid since the buyer did not appear for registration and did not pay the balance amount within a reasonable time frame or enter into another sale agreement by taking an advance payment and registering the sale agreement, which will take precedence over the earlier unregistered sale agreement.
Your friend has following options:
1. Get issue a legal notice calling upon the buyer to get register sale deed by paying the balance amount.
2. Get issue legal notice forfeiting the advance amount paid since the buyer did not turned up for registration and not paid the balance amount within reasonable period.
3. Another sale agreement may be entered by your relative by taking advance amount and this time get sale agreement registered which will prevail over earlier unregistered sale agreement.
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