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Indian Law/agreement for sale


sir,i went into an agreement to buy a land,this land belongs to three brother.i went into agreement with 2 of them on a notorised stamp of 100 is written on it that total value of land is 15 lakh out of which i paid 14lak as advance,and it is written that i will pay remaining 1 lakh and they will register the proprty to me by 8 th dec 2012.there is no mention about anything if this agreement is not done by 8dec..due to some reason i could not get the registry done by 8th they are saying they wont sell proprty to me but will give me my money the property rate has increased in that area.. the agreement was signed by two of them out of three..what can i do to get that property,or shld i take my money back [in case i enter suit against them,will my money be refunded]

Mere Agreement to Sell does not confer any right or title to the property unless it is followed by a duly executed and registered Conveyance Deed.Normally a time limit is specified in the Agreement to Sell to register the property.
In case breach of Agreement to Sell, the aggrieved can only claim compensation for breach of cAgreement but in case of Sale-Deed the agrieved party can sue for Specific Performence of the contract.
Therefore, in the instant case,you can only claim compensation for breach of Agreement and for refund of the amount already paid by you but cannot sue for Specific Performence of the contract.
However, you may consult a lawyer and follow his advice in the matter.Apparently ,you have a weak case.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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