• Hindu undivided property

Hi all,

I and my mother entered into an agreement of sale(in registered) to sell an undivided property which is of my father owned and died intestate, leaving behind four legal heirs myself, my mother and two sisters(married).  

The buyer being mt family friend knows everything and entered into the agreement with us without the consent of my sisters, at that time he was okay to agreement with us. 

For this agreement we took 1 lakh as advance in the total consideration of 7 lakhs. After entering into the agreement, the buyer forced us to bring my sisters to sign at the time of registration, for which we refused to do so because it is our mistake that we did not informed our sisters about the agreement.

Meanwhile in this period the arguments took place and we wanted to cancel the agreement as earlier the buyer himself promised us that whenever we want to step back or cancel this transaction
So we can.  But after this agreement & arguments he threatened & informed everything to my sisters about this.  Now my sisters are serious on me for this.

In spite of this the buyer filed a suit for specific performance. Even we along with our sisters filed a suit for cancellation of the agreement. My sisters are not ready to sell the property. Even we after all these felt guilty about the wrong step.

Both the suit's are in same court, from past four years, meanwhile my mother passed away. 

Want to know legality of the agreement of sale(unregistered) and any chance of cancellation.

Will the court force or direct me to sell the property as per the agreement without my sisters consent. Or will it direct me to get partition of the said property.

However I do not want to sell the property especially to the buyer who just spoiled our relationship.

Thank you all
Shiva.
Asked 1 year ago in Civil Law from Hyderabad, Telangana
under section 44 of transfer of property act co owner can sell his share without consent of other co owners 

2) agreement for sale of undivided one fourth share by your mother and you would be binding 

3) in case buyer has filed suit for specific performance court would direct you to honour agreement signed by you for your share 

4) purchaser can then file suit for partition 
Ajay Sethi
Advocate, Mumbai
35390 Answers
1963 Consultations

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1. The buyer can successfully sue you for the sale of your share in the property and the share that you inherited from the share of your mother post her demise. When the court decrees a suit for specific performance in favour of the prospective buyer it directs the seller to execute the sale deed in former's favour.

2. The courts do not order the partition of property in a suit for specific performance. 

3. It is you who spoiled your relationship with your sisters by keeping them in dark about the impending sale. 
Ashish Davessar
Advocate, Jaipur
21382 Answers
572 Consultations

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Want to know legality of the agreement of sale(unregistered) and any chance of cancellation.

Basically the sale agreement jointly executed by you and your mother without the consent or NOC from your sisters is not legally valid but it amounts to cheating.  However The buyer is entitled to refund of his advance amount with interest.



Will the court force or direct me to sell the property as per the agreement without my sisters consent. Or will it direct me to get partition of the said property.

Since you have executed a sale agreement, the court may advise to execute a registered sale deed insofar as your share in the property is concerned alone. 









However I do not want to sell the property especially to the buyer who just spoiled our relationship.

You cannot escape the law and can roam around freely after having done all those which are against law in principle. 
T Kalaiselvan
Advocate, Vellore
25420 Answers
249 Consultations

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