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 7 years ago in Civil Law