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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?

- by A Raghu, Bangalore

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.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?