• Agreement validity: A notarised agreement is not the same as a registered agreement for sale. Since only two sellers received advance, and no witnesses signed, its enforceability is weak, especially against you who received no consideration.

• Public notice: Your Feb 2023 public notice stating there was a partition dispute strengthens your position. A buyer with notice of dispute cannot claim “bona fide purchaser without notice.”

• Subsequent sale deed: The sale deed of other 3 sellers is valid only to the extent of their shares. They cannot sell your share.

• Partition suit: You are within rights to file partition suit. Court will recognise your undivided share.

• Specific performance against you: Since you did not receive any consideration, and there was misrepresentation of actual price, you have strong defence. Buyer cannot force you to sell at undervalue, especially with pending partition dispute.

if you have signed agreement it is binding upon you 

2) suit for specific performance is maintainable against you 

Given your situation, where you hold a share in an agricultural plot along with three other co-owners, and only two sellers received money under the agreement while you and another member did not, your concerns about unauthorized sale and share division are valid.

Issuing a public notice declaring a dispute about division and percentage shares among owners was appropriate to put third parties and buyers on notice of the unresolved ownership issue. Since you have no valid agreement for sale and did not receive any consideration, the sale deeds executed by the other three owners without your consent or involvement raise legal questions.

Regarding the legal action:

• Your partition suit is the proper legal remedy to establish clear ownership shares, seek division of property, and protect your rights as a co-owner under Indian law.

• The specific performance suit filed against you challenges your refusal to sell, but since co-owners cannot be forced to sell without your consent (except in some rare circumstances under partition law), your defense is strong if you can show disputes on title, share, and consent.

• The fact that the sale deeds have been executed based on a lower agreement value when the market value and ready reckoner value are higher may give you grounds to challenge undervaluation and possible collusion.

• Courts generally recognize that each co-owner has the right to partition and prevent unauthorized alienation of their share without consent. Any sale without you may be set aside by the court.

• Your chances of justice depend on presenting strong evidence of your ownership share, non-receipt of sale consideration, your public notice, and discrepancies in sale documents.

It is advisable to diligently pursue the partition suit, gather documentation of your share, payment records, communications with co-owners and buyers, and highlight procedural irregularities in the sale deeds.

Engaging experienced property litigation counsel is essential to navigate the specific performance suit, protect your ownership rights, and seek appropriate relief including injunctions.

This advice is based on your provided facts and is confidential under attorney-client privilege. For detailed legal strategy and representation, you may engage our professional services.

The notarized sale agreement cannot be enforced in court of law  for execution of sale deed , however if any money received by the seller as advance then the court may consider that as a receipt for the money receied and may pass an order to return the amount with interest.

There are two cases, one filed by you and another against you.

The first one is for partition and other other one is for specific performance of contract.

The suit for specific performance of contract may not be maintainable if you have not received any money towards advance in the sale agreement, however as the other shareholders have soled their share in the property, your case for partition may have to be conducted on merits and documentary evidence in your possession.

You are bound by the  agreement  as you have singed it. You will get the  consideration agreed in the  agreement. As other co-owners have registered sale deed, you case is weak.

You have a good chance if you challenge the  sale deed by three sharers on the  ground you were cheated by purchaser in collusion with other sharers. You need to add all the other sharers of property to the  suit. If you file a criminal complaint  against all, you civil suit will be stronger. Take the  same defense in suit filed by purchaser.

If the agreement is duly executed by you then specific performance will go against you to perform the terms of agreement 

Strong points in your favour:

• No consideration received.
• Agreement not registered, no witnesses.
• You issued public notice before sale deed.
• Buyer knowingly bought only partial share.
• Partition suit already filed.

Risks:

• Since you signed the agreement, buyer will try to use that signature to compel sale.
• Court may consider whether you delayed your objection (June 2022 signing → Feb 2023 public notice).

Overall:

• Chances are high that court will not grant specific performance against you.
• Buyer will most likely end up with only the shares he bought (3/4th), and your share will remain with you after partition.
• At worst, you may face claim for damages, but even that is not strong because of lack of consideration and undervaluation.

My advice to you:

• Continue with your partition suit.
• Contest the specific performance vigorously citing lack of consideration and unfairness.
• Keep evidence of market value, public notice, and undervaluation ready.

- If the said agreement is signed by you as well with other , then you are entitled to get your equal share in the property and right to claim in the selling amount. 

- Even if the said agreement is not registered then also it can be admissible in evidence in the partition suit. 

• Agreement with buyer: Not enforceable against you since you received no consideration and claim fraud/misrepresentation about price.

• Specific performance suit: You have strong defenses—buyer cannot force you to sell. At best, he may claim refund of money (if any paid).

• Partition suit: Very strong. Property will be divided by shares; buyer will only step into shoes of 3 co-owners, not yours.

• Public notice: Protects you since buyer knew of disputes but still went ahead.

• Undervaluation: Sale deed (₹1.87 Cr vs ₹2.16 Cr RR) can be reported to stamp authorities.

• Outcome: Your share is secure; buyer cannot compel sale. He will remain co-owner with the other 3 shares, and you retain possession/rights in your portion.

👉 Overall, you have good chances of success in protecting your share.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)