Regarding notarized agreement to sale Regarding notarized agreement to sale

4 years ago

A notarized agreement to sale made in 2006 stating that within a period of one year the person will get all cases finished on a disputed property and shall get the registry done in the favor of the 2nd party & in case he fails to do the same the 2nd party will get it done through court of law .The amount with two cheques are also mentioned in it.There were 3-4 cases pending against that property in the district court and its still pending and an status Quo order is there when the case started in 1998 to till date.
I would like to know what is the authencity of such an notarized agreement of sale done in 2006 and what can the 2nd party do with it when the matter is pending from 1998 to till date with continous status Quo order in it? can he bring any specific performance suit against the 1st party ?

MADHAVI KULKARNI

Responded 4 years ago

A.Firstly, whether or not the statement that "that within a period of one year the person will get all cases finished on a disputed property and shall get the registry done in the favor of the 2nd party & in case he fails to do the same the 2nd party will get it done through court of law" is included as part of said agreement is important. Secondly, exact issues involved in pending litigations and the status quo order need to be looked into. Apparently, the doctrine of ' lis pendense' applies to said agreement and the 2nd party will be bound by the outcome of pending disputes.
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