• Selling of residential plot at Vellore

Dear learned friends,
I and my sister jointly own a residential plot in katpadi, Vellore, Tamil Nadu, which I want to dispose.
I had through a broker made a deal to a buyer. We entered into a written agreement on a paper signed only by me and the proposed buyer that Rs.10000 has to be paid as advance to get the Xerox copy of the sale deed and with a condition stating that the registration has to be done on mutually agreed stipulated time of 45 days or else the advance will be forfieted and I am free to sell to another buyer on the expiry of the stipulated time. There was no response to my calls 
And hence I proceeded to look for another buyer.
Now after 3 months after the expiry of the stipulated time I found a buyer.
The problem is the first buyer is forcing me to sell to him only, in this connection
I have following quieries
1.after the expiry of the written agreement ( not stamped and registered
can the first party force me to sell to him only?
2. Since the agreement is not signed by the co owner is it valid, ( since my sister is in Bangalore she has given me oral consent to sign agreement)
3.i came to know through the second buyer that he has to buy the same plot from him at an inflated rate which is around 10 lakhs.
now with all this tension I do not want to sell the plot
So, how do I go about it?
Need your advice
Thanks and regards
Prasanna Ashok
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

1.after the expiry of the written agreement ( not stamped and registered can the first party force me to sell to him only?

Answer: After the expiry of 45 days, you are not legally bound to sell it to the original buyer;

2. Since the agreement is not signed by the co owner is it valid, ( since my sister is in Bangalore she has given me oral consent to sign agreement)

Answer: If the co-owner has not signed it then irrespective of the 45 days time period, the agreement is not valid;

3.I came to know through the second buyer that he has to buy the same plot from him at an inflated rate which is around 10 lakhs. now with all this tension I do not want to sell the plot So, how do I go about it?

Answer: You can back out from the sale to the second buyer if there was agreement to purchase at a fixed value and no other terms and conditions;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. No he cannot force since the stipulated time is over and there was no notice for extension

2. No its not valid on part of your sister if not signed by her, without her written agreement you cannot sell. So the agreement is not valid for complete property.

3. See since unregistered , stipulated time over so relief is available to first buyer you can wait for some time and then can sell the property to person you wish. the agreement is also not complete since not signed by your sister,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you cannot be forced to sell plot to first buyer only

2) co owner consent was necessary for agreement to be executed

3) dont sell the plot if you dont want to

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

agreement for sale 45 days time was given to make payment and purchaser failed to make balance payment you should have issued notice for cancellation of agreement on the expiry of period of 45days

contact a local lawyer cancel the agreement and refund the earnest money paid as per provisions of sale agreement

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Client,

Specific performance of unregistered agreement is permitted but this agreement is void due to no witness and sign by purchaser. And also by efflux of time, agreement is expire, so no relief to buyer.

Involvement of co owner is also requisite, in her absence, void agreement.

If he forces, file complain to police. Through court he has no recourse.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. No, he cannot.

2. No, it is invalid.

3. Question is not clear. Either way there is no need for you to worry. I suggest you proceed with selling the property to whoever you want to.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. The unregistered sale agreement if not enforceable in law, he may not be able to even file a suit for specific performance of contract. however if he agrees to pay the balance amount and get it registered at his expenses, what is the problem with you?

In general, you cannot take away his entire amount paid asd advance, if you claim that the unregistered sale agreement in invalid in law.

He can claim his money based on the unregistered sale agreement since the payment has been acknowledged by you.

2. The unregistered sale agreement is as it is invalid. If your sister lodges a criminal complaint against you for entering into a sale agreement without taking her consent or permission, then you can be held for cheating offences.

3. If you do not want to sell the property, you may reject the offer made by the initial buyer citing that he failed to buy the same within the stipulated time, hence he may take back his advance amount from you anytime.

This way you can avoid further problems.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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