My father went into an agreement with a prospective buyer for sale of farm land in Nov 2024. The agreement was registered and he had taken an advance of Rs 1 Lakh. This is a property which was purchased by my mother in 1982 and after she expired in 1997, it was transferred to my father. When my father told that he will get a sale agreement, me and my sister thought it would be just a normal agreement on stamp paper but never knew the buyer convinced him to register in sub register office on the day. (Buyer convinced him that it is the new normal now to get sale agreement registered). This was done by buyer inspite of knowing that Pahani needs to be corrected where there are extra names of neighbouring farm owners because of same survey number. This is in Karnataka. Buyer verbally agreed with my father that he will get the pahani correction done by getting those extra names removed but that is not mentioned in agreement. Below are the terms in agreement stating that 1) Sale has to be completed after completing the correction to pahani. Also mentioned that my father will come with his children and sign while registering the property to buyer. 2) No timeframe mentioned in the agreement. My father did not contact us to discuss the agreement details nor he know how to scan/send the copy via WhatsApp for us to verify. He says people around him including buyer convinced that everything is good and no issue with the agreement. And it is getting late and SRO will close. Now how to cancel this registered agreement. Should we initiate a lawsuit ? What are the chances of getting judgement in my father’s favor? Also, if me and my sister won’t sign during sale registration, can the sale happen only with my father’s signature?
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You have to file suit to set aside registered agreement for sale
2) on mother demise you and your sibling had equal share in property and father could not execute agreement for sale without your consent
3) that no POA was executed in father favour to sell the property
1. The said Registered Agreement entered in to by & between your father and the buyer is not valid hence unenforceable since he is not the only heir of your late mother's land.
2. He can not enter in to any agreement stating that he will bring other heirs to sign the required documents for conveying the title of your late mother's said property.
3. He can send a notice to the prospective buyer by speed post stating that the other heirs of the said property is not willing to sell the same and transfer the amount he had collected from the buyer to his account by bank transfer.
Don't get scared by this registered sale agreement stuff. The question is : Is the property under agreement owned by all the family members in Govt Records? If yes, then are all the family members are adult? If yes, then father cannot bind his family members to sell their share.
Yes, you can get the agreement cancelled through Court on the grounds of undue influence, coercion, etc.
1. Since no timeframe is mentioned in the sale agreement, it would be valid for 3 years, from the date of registration.
2. Assuming that your mother died intestate (without executing a WILL), then your deceased mother's property devolves equally to your father, you and your sister in 1/3rd equal share. In that case, you can send a legal notice to the prospective buyer for cancellation of sale agreement.
3. For cancellation of registered sale agreement, both your father and the prospective buyer have to execute a registered Cancellation Deed.
4. If your mother had died intestate, then the registered sale agreement, could be stopped, since you and your sister are also legal heirs to your deceased mother's property.
Whether the property was transferred to your father's name in the year 1997 by a registered deed or only the revenue records were transferred to his name?
If the property was on your mother's name by a registered document then upon her intestate death the property devolves on all her legal heirs i.e., your father and her children equally.
In that case the transfer of property to your father's name without the consent of the children of your deceased mother is not legally valid.
Accordingly the registered sale agreement is also not valid in law insofar as the shares of you and your siblings are concerned.
You can issue a legal notice to the buyer and also to your father stating that the sale agreement entered without the consent of all the legal heirs is legally invalid hence it is required to be cancelled by a registered cancellation deed.
If they don't agree or cooperate then you can file a suit for cancellation of the registered sale agreement or to declare the sale agreement as null and void for the reasons stated above and also permanent injunction against them to restrain them from alienating or encumbering the property in any manner till the disposal of the suit
Yes you need to cancel the same by filing suit. Registered agreement can be only cancelled by filing cancellation deed if it’s mutually cancelled
Since the registered sale agreement includes a condition that the Pahani correction must be completed before the sale, and no timeframe is specified, the buyer cannot currently enforce the sale. Your father can issue a legal notice to the buyer for cancellation of the agreement due to non-fulfilment of this key condition. If the buyer refuses, you may need to file a civil suit for cancellation of the agreement citing lack of clarity, undue influence, and unfulfilled conditions.
As for the final sale, if the property is inherited from your mother, it is likely that you and your sister have a legal share. Therefore, your signatures may be required during final registration. If you both refuse to sign, the sale cannot proceed legally without your consent.
The chances of getting the agreement cancelled are fair, especially due to the absence of a time clause, the buyer’s failure to correct Pahani, and your father's limited understanding.
Dear Sir’s, Thank you for your guidance. I am the son and was 16 years and my sister was 14 years when my mother died. There was no WILL. Only revenue records were transferred around that time to my father’s name. 1) As we were not major at the time of transfer, are we still eligible for 1/3 share? 2) If mutually agreed to cancel, how long will it take for registering cancellation deed? 3) In case, if we file civil suit for cancellation,please let me know approximately how many weeks/months to decide on the case ? 4) Also, will the agreement becomes void or invalid after 3 years if no time frame mentioned in registered agreement ? Thank you.
1. You and your sister, each entitled to 1/3rd share, irrespective of whether you were minor or major, at the time of transfer.
2. If mutually agreed, the Cancellation Deed could be registered on the same day.
3. The time can't be quantified.
4. Yes, it becomes void after 3 years if no timeframe is mentioned in registered agreement.
you are eligible for one third share
2) it should not take more than 15 days
3) suit may take years to be disposed of
4) file suit at the earliest to set aside sale deed
Dear Client,
Kindly note the following points,
Options for Cancellation
Prepare a cancellation deed (registered before the same sub-registrar). This can take 2–4 weeks if the buyer is willing to cooperate.
Lodge a civil suit under Section 31 of the Specific Relief Act for cancellation. Possibility of success is high because of non-fulfilment of pre-conditions (pahani correction, your signatures) and the potential fraud in execution.
3. Lawsuit Timeline and Process
Karnataka civil suits normally take 2–5 years for settlement, subject to court backlog. The Interim injunctions may restrain the buyer from selling during the pendency of litigation.
Steps:
Critical Recommendations
Note: Safeguard your father from undue influence by the buyer. Keep a record of all interactions and maintain copies of the sale agreement, pahani records, and communication. This strategy focuses on safeguarding your inheritance rights and using the defective terms of the agreement to invalidate the sale. Pre-emptive legal action is needed to avoid causing irreparable damage.
No there is no limitation for registered agreement
1. Yes, your right to a share out of your mother's property is very much available to you and your siblings even though you were minor by age at the time of death of your mother or at the time of transfer of revenue records to your father.
2. If both the buyer and the seller are agreeing to execute a registered cancellation deed to cancel the registered sale agreement, it is a matter of just one day or few days depending on the circumstances.
3. The civil suit may take at least two to three years for disposal.
4. The limitation for the sale agreement is three years and if it is not enforced then it will be lapsed beyond three years from the date of its execution, however the encumbrance created by this registered sale agreement will remain as a tag to the property which will create an obstacle for selling the property in future.
- Since, the said property was in the name of your mother , then after he demise the property would be devolved upon your father and you & your sister
- Further, as you both were minor then your father cannot enter into an agreement for sell that property without getting order of the Court.
1. YES, you still can claim 1/3rd share
2. If the said agreement was registered then you will have to approach the Court for cancelling that agreement
- Further, if not registered then send a notice for the cancellation on the ground that the father was not having right to sell that property, and hence that agreement is invalid.
3. Period depend upon the burden of the Court.
4. Yes, if it is not executed within 3 years.
Dear Sir,
The best way at the point of time is to ask the buyer for correction of survey numbers which is nearly impossible and if the same is not happening. Then prepare a cancellation deed and get the same also registered with registrar. This will solve the purpose and you will be saved of the time/money.
Thank you for the guidance Sir. Can the buyer and my dad with mutual consent, get the existing registered agreement updated with 3 months time to get the pahani correction and get the land registered to buyers name. If not, cancel the agreement at sub register office. Is that allowed?
Yes, it's possible.
Getting the pahani updated and also getting the sale deed executed without the consent or joint execution of sale deed by the cosharers of the property, will be invalid and illegal.
Instead your father and the buyer can execute a registered cancellation deed cancelling the registered sale agreement for the reason of not including the other shareholders in the process.
- After registered the document , the registrar has no power to cancel the same without a court order.
- However, a cancellation deed can be executed for cancelling the sale deed .
By mutual consent agreement for sale can be cancelled
your father is not absolute owner of property. So cannot execute sale deed
As regarding your earlier query:
1. Since there was no Will, the property should have passed to all the legal heirs. It doesn't matter that the children are minor or major. So, consult a good lawyer and file a suit for cancellation of transfer to father and declaration that you and your sister are entitled for 1/3rd share each.
2. Not more than a few days.
3. Depends upon the pendency of old cases in court. It may take some years.
4. No.
No need to seek cancellation of agreement. Only an agreement which is valid can be cancelled, your agreement is exhausted by passage of time.
Yes only mutually through registration
Dear Sir,
The earlier suggestion was for the cancellation of the deed. If you wish to go with the same buyer, you may proceed as you told in your query. That process may also work in your favour.
Yes, your father and the buyer can mutually execute a Supplementary Agreement to add a 3-month time clause for Pahani correction and sale registration.
If buyer fails, they can jointly register a cancellation deed at the Sub-Registrar Office.
No new registration of the original agreement is required—only a supplementary deed or cancellation deed.
Process takes 1–2 weeks if both parties cooperate.
1. It was a sale agreement and not a sale deed registered before the Registrar. So, the sale has not yet completed.
2. Your father can write to the buyers stating that the said registered sale agreement is legally invalid since the other legal heirs being his minor children, can not sign the sale deed & the property can not be sold with out the written leave of the District Judge who is considered as the trustee of the properties of all the minors of the area which falls under his jurisdiction.
3. The said registered agreement for sale is invalid ab initio.
4. Your father should return the amount collected by him from the buyers and send him a letter cancelling the said registered Sale Agreement.
1. Minors share of the property can not be sold without the approval of the District Judge.
2. For obtaining the said approval, an application shall have to be filed before the District Judge showing the ground for the said sale which should be in the interest of the said minors.
3. Alternatively the sale deed can be registered only after the minors attain majority and all the legal heirs sign the Sale Deed for registration.
Thank you for the Advice respected sir. Can I or my sister put a case on my father for partition or simply get the property registered in my name as inheritance? Will that make agreement between my father and the buyer will become void? Is there any consequences my father need to face from buyer like court case. Thanks
you and your sister can file suit for partition to claim one third share in property .
seek stay against father selling property as he is only one of the legal heirs on mother demise
1. Yes it's possible for you or your sister or both to file a case against your father for partition. Prior to that, you have to serve a legal notice to your father. You can't get the property registered in your sole name. But if your father and your sister execute a registered Release/Relinquishment Deed in the jurisdictional Sub Registrar's Office.
2. To make the sale agreement void, cancellation deed has to be registered.
3. If cancellation deed is not registered cancelling the earlier sale agreement, then your father has to face Court case from the buyer.
You can file a partition suit if the property is not a self acquired property of father
- You have right over your share , and can apply for mutation in your name
- However, if there is no partition then you will have to file a Partition suit before the Court
Since yor father had entered into a sale agreement with the buyer, it would be better that you talk to the buyer and get the sale agreement cancelled.
If he refuses then you can issue a legal notice to both your father and the buyer stating that the sale agreement is null and void insofar as the shares of you and your sister in the property ios concerned hence you can instruct them to either cancel the sale agreement or to face the legal consequences.
Your act of getting a document registered on your both the names would be considered as an illegal act and the buyer may sue all of you for this illegal act.
Hence you may better take proper precautionary measures to peacefully cancel the sale agreement and settle the issue amicably instead of getting involved into a long stretched legal battles as a consequence of your hasty decision.
Dear Sir,
In the present circumstances, it is not being suggested to go for litigation with father by you or your sister becasue the may give a collusive impression or of the impression of not having a good family ties among you. it is better to be with father in old and create the circumstaces, to bring the agreement done by father and the the buyer as not workable. And, then bring the things in your favour as you wish to do. Furhter, it is also possible that you get a special power of attorney from father for handling this issue and handle the things your own.
Yes, you and your sister can file a partition suit to claim your 1/3 share each in the property, since it is inherited from your mother who died intestate (without a will). You cannot unilaterally register the property in your name, but you can assert your legal right through court or by getting your names added to the revenue records.
Filing a partition suit or asserting your inheritance does not automatically void the sale agreement between your father and the buyer, but it prevents the buyer from getting full ownership, as your father's share is only 1/3. Without your consent, the buyer cannot complete the sale of the full property.
Your father may face a civil suit for specific performance from the buyer if the buyer insists on enforcing the agreement. However, the buyer’s case will be weak if your share was not disclosed or if the sale conditions (like Pahani correction) remain unfulfilled.
1. Property is not registered but the title deed is registered,
2. You shall have to file a partition suit (through one of your relative since you are still a minor) seeking partition of the property.
3. In that above event, the agreement for sale for the whole property entered in to by your father and his buyer, will become ineffective.