Can a sale agreement prevent the owner from selling the property?
Question:
I entered into a written sale agreement and paid an advance amount. The property owner is now trying to sell the property to another person. Can I stop the registration?
I entered into a written sale agreement and paid an advance amount. The property owner is now trying to sell the property to another person. Can I stop the registration?
Answer:
A sale agreement does not automatically transfer ownership. However, the purchaser may enforce the agreement by filing a suit for specific performance, subject to the terms of the agreement, limitation and proof of readiness and willingness to complete the purchase. An application for temporary injunction may also be filed to restrain the owner from creating third-party rights. A mere representation before the Sub-Registrar may not permanently prevent registration. Immediate civil court action is usually necessary.
A sale agreement does not automatically transfer ownership. However, the purchaser may enforce the agreement by filing a suit for specific performance, subject to the terms of the agreement, limitation and proof of readiness and willingness to complete the purchase. An application for temporary injunction may also be filed to restrain the owner from creating third-party rights. A mere representation before the Sub-Registrar may not permanently prevent registration. Immediate civil court action is usually necessary.