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Abhay Abhyankar (Manager)     25 April 2011

Family property sale

Our family holds a property which is on the name two branches of family where each branch is having 4 sons. All the sisters had left their rights except one sister of a branch.

Two years back each branch members gave power of attorney to a brother from each branch. This power of attorney is properly registered.

Both of them finalized a deal with a developer and took 1.5 Lakh rupees as an advance. The sale value specified in the agreement to sale is 32 Lakhs. This agreement is not register but performed in front of a notery.

Immediately after this agreement one of the brother gave a notice saying he has withdrown the power of attorney.

After this the developer never turned down to discuss on this. After two years all the 4 brothers of one branch decided to leave all their rights to the nephews of one of the brother from other branch. Now the situation is I am among one of those nephews and want to transfer it on our names. The remaining 1 brother (my uncle) is ready to sell it to us and only one brother (my other uncle) is not willing to sale it to us. He only had withdrawn the power of attorney.

In the previously mentioned agreement with the developer no consent of the only remaining sister was not taken. Also all the sons and grand sons are above 18 and had not given their consent to above deal.

Now can we brothers get the rights of the uncles those are willing to give those to us and also purchase the right of the other uncle who is ready to sell it?

Lawyers say that the developer can go in to legitation and we will face the problem in this deal.

Can somebody guide me in this case?



Learning

 1 Replies

SACHIN AGARWAL (ADVOCATE)     27 April 2011

You have not disclosd the place where the property is situated. In terms of Section 17 of The Registration Act, the Agreement to Sale should be registered but there is an unregistered agreement and it has been executed before the Notary Public as a result of which the Builder cannot file a suit for specific performance of contract but the builder may sue for refund of money paid in advance.

I have heard that in Maharastra, the Registration of  Agreement to Sale is not compulsory. If your property is situated in Maharastra, please check from some local laywer.


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