• Validity for agreement to sale with twisted clause

Sir, My cousins in AP state made an agreement to sale (without my consent) on Rs. 110 Non judicial stamp paper for a piece of jointly held vacant land (encroached by a few) on 04.06.2014 on a fixed price with a condition that the site is to be made clear by the Seller. The buyer will make payment within 3 months of receipt of intimation of clear site from the Seller; otherwise he will lose his right. Rs. 1 lac was accepted by the Seller as a token amount and the Seller is unable to clear the site. My cousins sought my help now. The buyer was advised by me and cousins to make a new Agreement (signed by me & cousins) with new terms and conditions, since the rates have increased nearly 10 times subsequently. Buyer is insisting that he will not accept me as a joint holder and the Agreement is valid even after 100 years as long as site is not cleared by the Seller and should sell to him only at the price stated, lest he will move matter to court. Pl help us as to how we can get rid of the buyer, since the Agreement is nearly 6 years old. What is validity of such Agreement as per law. Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

If the validation clause is not mentioned than it will continue last long agreement, but he files for completions of agreement than you can defense on inflation cost and ask for consideration because he had not complete d the transaction on time.

 

Because land property Index rates are changing year every by government, do seller can ask for price as per index rates difference.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) it is necessary to peruse agreement executed by your cousin to  advice 

 

2) kindly clarify whether your cousin was sole owner of property . If not he can only sell his share of property 

 

3)  ther must be period specified in agreement for sale within which registered sale deed has to be executed 

 

4) if there is termination clause in agreement you can terminate agreement 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1. IF the Agreement was for immovable property, THEN it is mandatory that the Agreement must be fully Stamp Duty paid and Registered before the district Registrar of sub-assurances.

2. IF the above is not done, THEN the Agreement is null & void and has no legally enforceable value in a court of law.  Also it would be a prosecutable offence for evading Stamp Duty & Registration fees.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See as per the clause in agreement it is valid and buyer can file a suit of specific performance against the seller.

If the property is jointly owned and other owner has not signed the buyer cannot.enforce agreement against second owner and cannot seek his property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Agreement is  conditional. Since seller failed to clear the site, agreement expired. Avoide the buyer.

Buyer had to make payment within 3 months which means seller had to clear it in 3 months. After which agreement expired. Further within 3 years , any case could have filed. So court case also barred by limitation. 

Avoide buyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

an unregistered sale agreement is not legally valid and cannot be enforced in court of law.

Further an agreement even otherwise is valid only for  a period of three years from the date of its execution.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Unregistered Agreement is valid up to 4 months of its creation. After that it is invalid. it is not admissible as evidence in a court of law.

you are advised to contact a local lawyer and take legal assistance from him.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You can terminate the agreement. Let him file suit against you. You can also seek courts intervention for cancellation of the same

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. In this case buyer is write that agreement is valid until the site become clear and intimation is recieved by him then time limit of 3 months will start.

2. You can file case against your cousin and buyer for making agreement for sale of jointly owned property without your consent or knowledge and pray for cancellation of agreement.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

He is intimidating you into selling the plot at a throwaway price. The agreement is void as they have not sought your consent and you are one of the joint owners.

Let him threaten you. He cannot do anything. Lodge an fir against him sttaing that he duped your brothers into selling the property.


An agreement cannot be valid which does not take into consideration your joint ownership. Therefore he cannot enforce the agreement in a coury of law.

On the other hand you should challenge this agreement in a civil suit in the district court. Engage a lawyer for this purpose.

This agreement would be declared null and void.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.The agreement has to be perused threadbare to advise.

2. Be that as it may, if you are not the co-owner of the land then it is fair on the part of the buyer to refuse to accept you as a party to the proposed fresh agreement.

3. It remains to be seen what are the consequences spelled out in the agreement if seller fails to clear the land within stipulated period.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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