Your fishing brother consent was necessary for sale of agricultural land
2) he can file suit for partition to claim his share in agricultural land
3) seek injunction restraining sale of land by his family members
Right of son
Hi, My father and his three brother had an contractual agreement with one party in 1991 for our ancestor’s agriculture land and that agreement doesn’t have any ending time of period. Land was on the name of my father and his three brothers. That time, one of my cousin brother was above 18 years old but his name was not registered in VF-7/12. Now, my father, his brothers and all our family members do not want to go ahead with the contractual agreement which they made in 1991 due to conflict with the party. How come we can make this contact invalid? Can my cousin brother (who was above 18 years old that time) claim that this contract becomes invalid because his signed is not in the contract, however, he was 18 years old that time and those contract was made between two party against his wish?
Asked 2 years ago in Property Law
Religion: Hindu
17 Answers
1. The Agreement of Sale (contractual agreement) entered into with a prospective buyer in 1991 is time barred by limitation and is no more valid.
2. However, send a legal notice to the prospective buyer, indicating that the contractual agreement is time barred by limitation, invalid and can't be legally valid/enforceable now. Hence mention that all of you are cancelling the contractual agreement and also return the amount received by you and your family members to the prospective buyer through Cheque/DD/NEFT/IMPS.
- Your agreement is invalidated by lapse of time. Were there is no time is mentioned it has to executed within reasonable time which is 90 days.
- Seeking invalidation of agreement through one of the legal heirs amounts admission of existence of agreement by other legal heirs, ie. father and his brothers. In such suit agreement with respect to only the share of claimant will be declared invalid.
- Agreement executed in 1991 is dead as there are many changes law and facts.
- Filing any suit will review the agreement.
- Proceed with sale/partition of property. Let him come forward by filing suit, than you can seek invalidation of agreement on above points.
To be clarify, this contract based on the performance of act that we and other party jointly develop the housing scheme in our land. That never happened and the opposite party dead in 2008. His son comes in the picture and nothing performed till now. When my father and his brothers made a contract in 1991, we were kid. So, that contract never signed by us. Now, we all are 30 years around. What rules are enforced here to make this barred by limitation?
Asked 2 years ago
Rules of Limitation Act are applied here and going through the narration in your query, we can say that it's barred by limitation.
Terminate the contract as no development done for period of 30 years
even if opposite party files suit the issue would be what we’re they doing for period of 30 years
An agreement not signed by legal heirs cannot be enforced against them. A suit can be filed in Court for declaration that agreement is barred by limitation and therefore not enforceable. But again, filing such suit will give legitimacy to the agreement which is no more alive.
Firstly when your father and his brother had title on their names due to partition or inheritance, the property lost the nature of ancestral property, therefore neither your cousin or now you have any rights over the proeprty since it became self acquired property of your father and his brothers.
Secondly the agreement is reported to have been entered into with the buyer in the year 1991 but it was not converted onto sale deed despite passing of 32 years, and also it is not known whether the full sale consideration amount was received by sellers and handed over possession thereon.
If it is presumed that the buyer did not pay full sale consideration amount neither the possession of the property was handed over to him then it can be deemed as barred by limitation.
The limitation period is just three years.
If it was an unregistered sale agreement then in the absence of any attempt made by the buyer now for purchase and the same was not acknowledged by the sellers stating that the agreement is barred by limitation, then the buyer cannot institute any suit seeking for specific relief too.
In this regard there is no necessity even to cancel an infructuous sale agreement afresh.
The title holders of the property can ignore the sale agreement and proceed to alienate the property in any manner as per their desire.
If the buyer did not take any step to enforce the agreement within three years even if it was a development agreement then the same remains automatically cancelled or infructuous.
His son also did not take any step after the death of his father from the year 2008 hence there is nothing that he can claim out of this agreement at this stage.
There is a danger of acknowledging the existence agreement if the legal heirs seek invalidation of agreement on the concept you have stated here, therefore it is better that you do not raise any dispute on that aspect.
Dear client I am sorry to hear that but in this case you can talk to the other person in the contract and mutually decide to get done with the contract however the person who was below 18 year was not eligible to enter into Contract Act that point of time and there for he won't have any safe over that particular contract
Thanks All for your prompt response. Here is the follow up question. In this situation, if we want to sell the land to third party, can that third party able to obtain title clearance certificate? (Currently, all our family members name are in VF-7/12. The other party whom we had development agreement in 1991 , his name is not in VF-7/12)
Asked 2 years ago
Terminate the development agreement
disclose all facts to buyer then only sell the property
you would have clear and marketable title to property
For mutation of property to their name, the revenue authorities may insist on NOC from other members whose names appear in the property card.
Yes he can get the said certificate
One court order from city civil and session court already issued in 2018 for this agreement and judgement was in the favour of plaintiff and court reject our application filed under order 7 rule 11 of CPC. Now judge frame the issue and purpose of hearing status changed to plaintiff evidence. One thing I want to understand that court frame the issue by itself ? Or any party’s lawyer requested to do so? I am seeing latest online status of my case as below. “Resumed today before court no.20 of H.H.Judge Shri B.L.Choithani sir, plaintiff adv.is present, defendant adv.is absent given application for time, o-granted matter adj.for Plaintiff Evidence” Presentee: SS SHAH Next Purpose: PLAINTIFF EVIDENCE Can you please also let me know, what is application for time and o-granted matter here? Because of defendant advocate absent here, can plaintiff get the benefits in future judgement ?
Asked 2 years ago
yes he can get the benefit if legitimately taken
Both parties furnish draft issues
2) court then frames issues
3) time has been granted for plaintiff to furnish affidavit of evidence
The court will frame the issues automatically if either or both the parties do not give an application with draft issues.
Once the issues are framed, the court will post the matter for trial, it means it is posted for plaintiff side evidence.
As the plaintiff side sought for some more time to begin the trial i.e., letting in his side evidence on an application, the court has granted or extended the time for plaintiff's evidence.
This is a routine affair.
There is nothing to be concerned over this adjudication by court.
- They can cancel the said contract after sending a legal notice to the said party , and if the said contract is registered then they have to execute a cancellation deed before the registrar.
- Further , if there is time fixed for the development then after passing the long period ,it has no value in the eye of law.
- Further, if that property is already partitioned by your father and his brothers , then the said property now become their self acquired property , and the said son has no right over the property .
- Your father can sell his share in the said property , however he should apply for mutation in his name
- Court has fixed the next date of hearing for evidence.
Dear client,
The issues are framed by the court. In my opinion clearance certificate is required if a foreign national is selling the property. Yes, if the defendants do not show after a reasonable time then court can pass ex- parte judgement.
Hope this helps you.