Hi, My father is 69 yrs has done an verbal agreement with his own sister and her husband to purchase their property(agriculture land) by paying 15 Lk around 14yrs back and paid full amount for her in need but the sister property is in court cases(partision issues with uncle brothers) and litigated so pending case going on since many years, we don't kn when it will get resolved. But she still promises in words the day her property cases is resolved they will register to my father. (We can't trust anyone verbally so long) So, Kindly let us know if we can write the verbal agreement between my father and his married sister in form of any legally valuable deed, or dose family deed apply in this case, also can family deed be registered if it applies to us.
1. verbal agreement has no value if the other party (sister) turn hostile,
2. written agreement cannot be executed as the property is in litigation,
3. a family settlement deed can be executed with mentioning regarding outcome of the pending litigation
1) aunt can execute will bequeathing property to your father
2) it should be mentioned that father has during his lifetime paid her Rs 15 lakhs for said property but due to pending litigation she could not execute sale deed in your father favour
3) in alternative agreement for sale can be entered into between your father and aunt
Thanks for very fast reply, 1) Please let me know if bequeathed property will or agreement stand in court legally if in case they turn hostile. 2) Can this agreement or will or deed be registered in an subregistrer office to be bound legally. 3)l Pls highlight what is this agreement or will called ( family agreement or any other deed) I need to explain it in laymens terms. 4) the alternative agreement for sale same as above deed or what purpose dose it exactly. Thanks a lot
Will should be attested by 2 witnesses
2) will takes effect on death of testator
3) however will can be revoked any time during lifetime of testator
4) will / agreement for sale can be registered
5) agreement for sale provides that property sold to you for x amount , period within which payment is to be made and possession delivered
6) sale deed is to be executed duly stamped and registered when full payment is made and possession delivered to purchaser
1. agreement will be legal but depends upon the final outcome of the pending litigation,
2. can be registered but again the legality/validity depends upon the final outcome of the pending litigation,
3.
3. it can be FAMILY SETTLEMENT DEED
- Since, the said property is in dispute ,and a partition suit is going on , then any agreement without deciding the share , will have no value in the eye of law.
- If, the said court case is for the same agriculture land, which your father wanted to purchase , then your aunt cannot transfer the same by way of WILL or Sale Deed in favour of your father.
- You aunt should move an application before the court for urgent hearing of the pending suit .
Sale deed can execute now, than father can fight the case. 14 years, long time , property value may have double. I dont think she will sale on same price.
Execute agreement to sell and mention that payment already made and on completion of suit, sale deed will execute on same value.
Agreement enforceable through court.
Register or notory.
No Will only agreement.
In my opinion, your father can enter into a registered sale agreement with her by mentioning the amount paid to her and also the reasons for delay is due to the pending litigation on the proeprty and that she would execute the registered sale deed immediately when the litigation is disposed. This way he can have a document in his possession to stake his claim at a later stage when the pending case is disposed in her favor.
The Will may not be very effective since he is not a direct legal heir to her especially it may not be considered as valid because he has paid the amount towards sale consideration to her and this needs to be mentioned in the deed, hence an agreement for sale may be to the proper option, hence you may better consult your advocate ion this or it would be better that he enter into a loan agreement and also obtain a promissory note to this effect with the date and time being extended every time just before completion of three years each time.
in my opinion best execute agreement for sale and mention consideration amount in advance .
1. Verbal agreement is no agreement in the eyes of law, hence no rights and liabilities flow from it.
2. Only and only if your father's sister executes an agreement to sell in favour of your father then latter can file a suit for specific performance to compel his sister to execute sale deed in his favour.
3. Will comes into operation only after the lifetime of testator, not before.
4. Will is not required to be compulsorily registered, but it should be. Agreement to sell is also not required to be registered, and is seldom registered,
1. Yes your father can make an agreement for transfer of share of sister and her husband after the case is resolved.
2. The agreement should be registered with sub registrar and the money given to sister for her share should also be mentioned in the agreement.
Dear Sir,
My answers are as follows:
Ans: Yes, it can be also executed against their Legal Representatives.
Ans: Yes, it has to be registered by paying 1% (may be) of market value.
3)l Pls highlight what is this agreement or will called ( family agreement or any other deed) I need to explain it in laymens terms.
Ans: you may see the format of agreement as follows.
Ans: Agreement is better suggest as follows. It has many advantages over the Will.
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https://www.karnataka.gov.in/karigr/Downloads/Agreement%20of%20sale.pdf
Verbal agreement will not stand.
No if they turn hostile it's issue
Registered Family settlements
It's a good alternative
