• Sale of undivided land

Hello,

My mother is in procession of a undivided land jointly held by her Sister's son. My mother does not possess Khata for her share of the property. The mother came to possess her part of the share though a gift deed from her sister. My aunt gifted her part of the land to her son. My mother wants to sell her part of the land next year to which my cousin has agreed to sell his part and parcel at the same time so that we can get a better price. However, my mother wants to get a legally binding agreement so that my cousin does not backtrack on his oral agreement and cause hinderance while selling the property. 

Is there a legally binding method through which my cousin would have to sign the sale deed at the time of the sale of the property?
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

The proposed agreement of this nature is not legally binding on the parties to the agreement, and may not be enforceable in law.

Each individual is entitled  to a legitimate share in the jointly shared property as a right.

If the joint holding is no more feasible or possible then they can go for an amicable partition after which each individual can sell their respective share of proeprty without the consent or permission of the co-sharer.

If both the shareholders agree to sell the property jointly to the prospective buyer, then they both can execute a registered sale deed jointly in favor of the buyer immediately or later without partitioning the property.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

MOU can be entered into between your mother and sister son in this regard 

 

it can mention both would sell the land at agreed price by end of next year 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If gift deed is registered then first get your mother's name on mutation paper. For this process it will take atleast six months. Kindly provide how both your mother and aunty inherited the property and currently on whose name property belongs.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- If the said property came to your mother through gift deed , then legally she can sell her share without consent of her relative .

- For binding your cousin she can enter into MOU after mentioning the terms and conditions of selling the property . 

- However such agreement cannot be executed by the court of law . 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Let your mother and her nephew enter into a Family Settlement Deed incorporating the clauses protecting both of them.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

Dear Sir/Madam,

1. You may get an agreement drafted between the mother and the cousin to ensure that neither of them back out from the decision to sell the property. 

2. Once the cousin signs the agreement, it becomes a legally binding contract and in breach of which, the cousin may be sued. 

3. However, please consult an advocate while drafting an agreement. 

Thank you,


  • If you like my answer, please give a good rating and leave a review 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Yes your cousin if he is a legal heir can execute Relinquishment deed 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

An agreement must be made between the parties and registered before the registrar office stating the terms and conditions of the property to be sold.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Get issue a legal notice to him and get an undertaking from him better it must be a registered document like MoU (Memorandum of Understanding) having no objection for your aunt to sell her share of property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer