• Transfer of joint property

We have a family property in the name of four us (mother,self and two siblings). There is a Sale Agreement (SA) with a buyer for this property and this SA is registered (unfortunately) and is signed by 4 of us. The buyer is not coming forward and over a period of time, one of us, is willing to buy out the other's share of the property.
1.0 Can the property be transferred to one name when a SA is in place?
Asked 11 days ago in Property Law
Religion: Hindu

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19 Answers

The agreement to sell has to be honoured if a specific time period has been mentioned in the agreement. But if no specific time period has been mentioned a reasonable time should have been lapsed and after that you are free to go ahead. 

If he is not coming forward to buy the property then you may go ahead. 

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

  1. There can be any transfer of property among the four joint owners/seller. The purchaser cannot have any objections for that.
  2. When the buyer failed to get the sale deed executed during the time mentioned in the agreement , he has lost his right to purchase the property. A notice can be issued to him cancelling the registered agreement pointing out his default in getting the sale deed executed offering to refund the advance with appropriate deduction  between 20 to 30 due any loss that has occurred for loss of time in selling the property.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

Hello, 

  1. I assume you have sold the property through a registered Sale Agreement. Are you in the process of cancelling the Sale? 
  2. If the above is true, then unless, the Sale Agreement is cancelled, you can not make any transaction as you no longer have title to do the same. 

S J Mathew
Advocate, Mumbai
3246 Answers
140 Consultations

5.0 on 5.0

You need to cancel sale agreement you mutual consent  before executing sale deed in favour of third party 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

You need to first send a legal notice to buyer for cancellation of the slaw agreement and then you should execute the gift deed in favour of other of required

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

it is indeed unfortunate the people register agreements for sale

you can enter into a MOU with the sibling who is willing to sell his share

you then step into his shoes for taking steps against the buyer for completing the sale transaction

do take a POA too from that sibling too so that you can take steps on his behalf

the MOU is not to be disclosed until the buyer comes forward

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

1. Send a legal notice to the buyer to take back his advance amount towards sale of the property and execute cancellation deed, as the buyer is not coming forward to conclude the deal.

2. In case, there's no positive response from the buyer for cancellation of sale agreement, then you can publish a public notice in English and local language newspapers regarding the cancellation of the sale agreement.

3. After the deed of cancellation is registered in the jurisdictional Sub Registrar's Office, one or some among your family members can buy out the other legal heir/heirs' share by executing a registered Release Deed relinquishing his/her/their individual shares in favour of other family member/members.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

There is a registered sale agreement existing on the proeprty.

You have not mentioned whether the sale agreement is in force or lapsed due tot he conditions mentioned therein.

In any case the owners have entered into a sale agreement with the prospective buyer hence without cancelling the agreement the property cannot be sold or alienate or encumbered in any manner.

The buyer may even lodge a criminal complaint against the seller s for the offences of cheating under various provisions of the Indian penal code

If the buyer is not coming forward for buying the property as per the conditions of the sale agreement then you may have to pursue the natter legally by initiating proper action as per process of law instead of taking law into your hand.

Do not invite trouble to yourself by indulging in such activities without cancelling the sale agreement

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Sir / Ma'am,

First and foremost a legal notice should be sent to the buyer  asking him to pay the amount of sum left or to take back his advanced payment so that you can move with cancellation of sale deed . In case if he fails to response in the given time mentioned in the legal notice , you can publish about cancellation of sale agreement of the said property in the local and English newspaper . 

Once these steps are done you can register the cancellation of sale deed in the Sub Registrar's office under whose jurisdiction the roperty is registered. After this any of the heir can relinqush his right on the property by executing a registered release. 

Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Dear Sir

It is not advisable to transfer the property in the name of one person during the pendency of SA. Better get issue cancelling the sale agreement and if necessary approach the civil court to cancel SA then only you can go for transferring the property in the name of one of the co sharer.

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 on 5.0

If that is the cureent position then his advance is forfeited. No need to send even a legal notice. The agreement stands cancelled as of now.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

1. The contents of the sale agreement drafted in your favor will not become law.

If he approaches court of law with a suit for specific performance of contract, then he is eligible for getting the proeprty registered to his name  since it is within three years from the date of execution of the registered sale agreement ignoring the fact that the time is essence of contract, alternately the sale agreement document would be recognized as a receipt for the amount received by you which would be considered as a substantial documentary evidence, hence the court may even pass an order to return the advance amount received by you with interest from the date of receipt of the said amount.

2. The sub registrar may not accept the unilateral execution of the cancellation deed, hence you may have to approach court seeking direction against the registrar to permit you to execute the registered cancellation deed on the basis of the steps taken by you to cancel the registered sale agreement.

3. Read the above answer.

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

You can forfeit advance if there is clause to that effect 

 

2) sub registrar would not accept cancellation by mere public notice 

 

3) better option is to approach buyer execute deed of cancellation by mutual consent 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

even if the SA has expired by efflux of time, the SA will still remain in the registration records

therefore that will be a clog on your title

it is like an encumbrance

thus unless a duly registered cancellation deed, the SA just cannot go off the registration records by giving any newspaper notice

any buyer will obviously question the owner about this registered SA and why there is no registered cancellation deed for cancelling such SA

If the buyer does not come forward for registering a cancellation deed then you will have to file a suit for rescission of contract and pray for cancellation of the SA by executing a registered cancellation deed

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

1. If there's a clear timeline in the agreement of sale as also for breach of contract if their is forfeiture of advance amount clause, then you need not refund the advance amount.

2. After giving legal notice and if there's no response, then obtain court order for cancellation of the sale agreement. In between the legal notice and obtaining court order for cancellation of the sale agreement, paper publication will strengthen your case.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

1. you can do that

2. yes

3.if he goes to court then it will be dispute an agreemnt cannot be unilaterally cancelled if one party approaches court

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

- As per law, an unregistered SA cannot be admitted in evidence before the court. 

- However, since there is agreement , then that person can approach the court within a period of 3 years from the execution of that agreement. 

- Further, if that SA is registered , then it cannot be cancelled without a court order and further you cannot sale the said property to any third party without getting consent of that buyer . 

- Further , sending a legal notice and publish the same in newspaper will not acceptable by the registrar for cancelling the SA . 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

Dear Sir,

1) As the sale agreement is a registered agreement, presence of both parties is required for cancellation.  If the agreement mentions penalty and relinquishment of advance, then you don't need to return.

2) You should send legal notice to the buyer that the agreement timeline has expired and as he has no interest to buy property he should come and cancel the agreement in presence of registrar. Though the return of advance will make the buyer come forward and cancel the agreement.

3) If your get no reply from buyer you should file suit for recession of contract under specific relief act and get the agreement cancelled, the same is to prevent the buyer from creating any future legal problems against you or other members of the family. You can also claim damages.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

1. Is there any time clause mentioned in the said SA?

 

2. Have you taken any advance from the prospective buyer? 

 

3. You should send a legal notice to the said prospective buyer stating that if he does not pay the entire consideration within next 15 dats, the said SA will be treated as cancelled by you.

 

4. After 15 days thereof, send the buyer the advance amount if you had collected informing him that the said SA has been considered as cancelled by you.

 

5. You can now transfer your share of the said property to one of the co-sharer by registering a deed of conveyance.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

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