I had entered into a sale agreement for purchase of a house at Basavanagudi. The agreement is dated 01.07.2000. 1 had paid Rs. 20, 000/- as advance on the date of the agreement and Rs. 80,000/- on 30.09.2000 towards sale price. As per the terms of agreement, seller has to get the sale deed registered in my favour on or after 30.06.2001. He is not willing to execute the sale deed and as per the information is negotiating with others for sale of the property for more money. Seller is my friend who says that limitation period is three years are over and I cannot take any legal action and assures me that he will refund the money after he finds another purchaser. I am ready with money for registration. Please advice what to do?
The limitation period for sale agreement is three years generally. But each Act in the sale agreement has a limitation of three years. As the date for registration of sale deed was 30.06.2001 or there after the limitation is available up to 30.06.2004. You may furnish sale agreement and other paper to your advocate to issue legal notice to comply with the terms of sale agreement within certain time. There after you may file a civil suit for specific performance within 30.06.2004.