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Q.

How Long is a Sale and Purchase Agreement Valid for?

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Summary
A sale and purchase agreement has no fixed statutory validity; it stays valid for the period the parties specify for completing the sale, commonly three to six months. If no date is stated, it remains enforceable within a reasonable time. Under Article 54 of the Limitation Act, a party can sue for specific performance within three years of the date fixed for completion, or from when refusal becomes known.

No law sets a fixed lifespan for a sale and purchase agreement; it remains valid for the time the parties agree on to finish the transaction, usually three to six months. Where no date is mentioned, it stays enforceable for a reasonable period. As per Article 54 of the Limitation Act, a party may file for specific performance within three years from the stipulated completion date, or from when refusal comes to light. Below, I have shared how long is a sale and purchase agreement valid for.

How to Check and Extend the Validity of a Sale and Purchase Agreement?

  • Check the Completion Date: Read the clause stating the last date for paying the balance amount and executing the sale deed.

  • Review the Conditions: Note pending obligations such as loan clearance, approvals, or no-objection certificates that may delay completion.

  • Track the Payment Schedule: Confirm all instalments paid so far using receipts, bank statements, and acknowledgements from the seller.

  • Seek the Extension: Obtain the other party's written consent well before the deadline expires, stating the reason for the delay.

  • Draft the Addendum: Record the new completion date, revised terms, and any additional payment on stamp paper of the required value.

  • Sign the Addendum: Both parties and two witnesses sign the document to make the extension binding.

  • Register the Addendum: Register it at the sub-registrar office, particularly when the original agreement was registered.

  • Serve a Notice: If the other party delays, send a legal notice demanding performance within a stated period.

What Happens if a Sale and Purchase Agreement Expires?

An agreement does not automatically become void once the completion date passes. Where the contract makes time the essence, the innocent party may terminate it and claim forfeiture or refund of the earnest money. For immovable property, courts generally presume time is not the essence unless the contract clearly says so. Parties can therefore still seek enforcement, provided they have shown readiness and willingness to perform their obligations.

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