• Agreement of sale

I have entered into an agreement of sale to purchase a plot of 80 sq yards for 7 lakhs with a advance of 1 lakh. The seller is one of the legal heir one among the other two legal heirs who are not aware of this agreement. The title is on their father’s name who died intestate. Is the agreement is valid or void. If void can I claim the share of the one legal heir who entered into the agreement as the property is not yet partitioned.
Asked 5 years ago in Civil Law

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18 Answers

On demise of father seller has one third share in flat

2) seller can sell his one third undivided share in the plot

3) after purchase you can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Since the original owner died intestate, on his death all his sons and daughters become its joint share holder and hence sale by any of them is not binding on others.

So unless and until you get signature of all the legal heirs do not proceed to buy this property to avoid future complications.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

The instant agreement is not valid, but you can became one third owner of the property if one of the co-sharer execute a registered deed of sale in favour of you. You can file partition suit after that not now.There is specific provision of laws,

Section 44 in The Transfer of Property Act, 1882

Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

1. If the father died intestate then on his demise the property owned by him devolved through intestate succession on all his heirs i.e widow and all children.

2. Unless all the heirs are either parties to the agreement to sell or they execute a GPA to authorize to execute the agreement to sell on their behalf as well this man cannot execute the agreement as he is not the absolute owner of the property. The agreement is void.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You have to file suit for specific performance as seller has failed to complete his obligations under contact

You have to make payment for his one third share only

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

the event of entering into the sale agreement for a share of joint property ignoring the other co-owners and without offering them to take the same is illegal. you may be cheated if you enter the agreement. the court will not give you any relief.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

In this condition you can move a civil suit under Specific Relief Act. It is proved that seller is the legal heir of the deceased owner, an agreement to sale has already been executed and advance has already paid. Therefore if you move a civil suit under Specific Relief Act the court will issue a direction for partition of the land among the legal heirs. when one heir  is ready to sell his part and others are not interested then right of a person is being frustrated in this condition the court has power under Specific Relief Act to issue a direction  for partition of the land among legal heirs.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The joint share holder can sell his undivided share to you but as long as his share is not demarcated you can't take possession of the purchased area. You need to file partition suit in that context.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

Please note sir better to take all heir signature .... secondly you do not know which part will fall to whose share if other heir apply for partition.... you don't have any right to claim property only you can recover your money ....

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can go against the share of heir who signed for you and the proportionate amount only have to pay

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

If the property has not been divided then you can not claim the share of one person

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

If the property has not been divided then it will be a void agreement as the perosn was not having a clear and marketable title.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

That's agreement void. U can cancel the after

Agreement and recover the amount with damages. U kn also take criminal actions against him u/ s420 IPC etc. First check the title deeds to ascertain real owner

Avs Satish Kumar
Advocate, Rajahmundry
7 Answers

4.0 on 5.0

If the legal heir who agreed is not ready to register sale deed, you have to file suit for specific performance in Civil court. You have to pay the court fee to the extent of 1/3 of agreed legal heir i.e. approximately it comes to 26.66 sq yds.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

The sale agreement, if unregistered, is not valid in law and canot be enforced.

The property devolving on all the legal heirs hence an agreement entered into by one of the legal heirs is illegal and invalid

Even if the seller has any rights in the property, then it will be limited to his share alone, whereas the share of the seller is not identified yet, hence it is not advisable to buy the unpartitioned share of the seller.

There is a danger of the other heirs obtaining an order of injunction, then the sale deed cannot be registered till the disposal of the suit.

Better you ask for refund of your advance amount or ask him to join the other heirs to execute a registered sale deed in your favor jointly, but how will you identify the correct legal heirs without a legal heirship certificate from the revenue department?

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Even The legal heir who agreed, not ready to come forward to do a sale deed as others are not ready, can I claim his share through court. If yes, then Should I need to pay the total agreed amount(which is for full property for 80 sq yards) for 1 third share of 25 sq yards approximately.

You should ask him to refund the advance amount received because the other heirs will not come forward to sell this property by any means and you cannot enforce this sale agreement before court without the other other legal heirs' consent and also if this is an unregistered sale agreement, it is not enforceable in law.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Hi

Since one of the legal heirs have entered in to an agreement of sale without consent of the other legal heirs, the agreement will be valid to the extent of the share of the legal heir who entered in to an agreement of sale.

So legally your options are

a) either you can cancel the entire agreement and demand for repayment of your money along with interest.

OR

b) you can ask for execution of sale deed with respect to portion of share of the legal heir(about 25 square yards) and pay the sale consideration equivalent to 25 square yards.

hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

In this matter you can file a specific performance suit against the parties who enter in to an agreement of sale with you and criminal cases under cheating, misrepresentation, criminal breach of trust.

Let court will decide, who will get what much of share.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

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