Agreement to sale
raghavendra
(Querist) 05 June 2014
This query is : Resolved
sir
my father entered into agreement to sale (unregistered) with a defendant in the year of 1981 as manager of the family on behalf of all the coparcenar of the ancestral property , in pursuance of that agreement to sale in the year of 2013 defendant executed the sale deed in kartha capacity without obtaining other coparcenar signature but with knowledge of all. but know after executed sale deed coparcenar filed objection to entry the mutation register before tahshildar,even tahashil accepted the objection and cancelled the MR entry.
entry hence i have filed civil suit asking declaration, now that agreement to sale is unregistered one, is that acceptable in court of law,
can i pray the court to declare i am the owner of the property because as kartha of family defendant have executed the registered sale deed,
kindly advice me
thanking you
Devajyoti Barman
(Expert) 05 June 2014
When sale deed is executed what is need for exhibiting sale agreement?
Once sale deed is made, sale agreement looses its relevance.
Dr J C Vashista
(Expert) 06 June 2014
Vague query.
Is it true that the agreement to sell was executed in the year 1981 and "in pursuance of that agreement to sale in the year of 2013 defendant executed the sale deed"? Was the agreement for unlimited period?
Who is defendant in an agreement to sell?
Rajendra K Goyal
(Expert) 06 June 2014
All the documents has to be referred. Consult a local lawyer and show him all the documents.
Sankaranarayanan
(Expert) 06 June 2014
With all details you approach local lawyer and act accordingly
raghavendra
(Querist) 06 June 2014
i have already appointed the lawyer , my lawyer at the time of filing suit produced the sale agreement dated 1981 and sale deed dated 2013 before court, and prayed to declare the plaintiff is the owner of schedule property, because as a kartha capacity defendant executed the sale agreement and sale deed also
raghavendra
(Querist) 06 June 2014
j c vahista.
in pursuance of slae deed dated 1981 defendant as kartha of the family voluntarily executed the sale deed there is no dispute about that, now coparcener of the same property has objecting because they are coparcenar without their signature sale deed executed,
sir kindly get me some judgement speaking kartha of the family with knowledge of other coparcener has right to execute the sale deed alone,without others signature
thanking you
raghavendra
(Querist) 06 June 2014
hi barman sir
sale deed is already executed after that other coparceners objecting for sale deed , hence suit for declaration have been filed,
when sale deed is under dispute we thought it is good to bring agreement to sale deed before the court eventhough it is unregistred.
sale deed and sale agreement executed in kartha capacity
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
The person who manages the affairs of the joint family property is known as Karta. He does all the acts of HUF property on behalf of all members and coparceners of the HUF, therefore consent of the coparceners to execute the sale deed is a mandatory requirement while transacting this type of properties.
raghavendra
(Querist) 09 June 2014
is there any other solution solve this problem, in agreement to sale vendor had clearly mentioned, for legal necessities of the family i am entering into this agreement to sale, in sale deed executed in the year 2013 vendor had mentioned that in pursuence of agreement to sale deed executing the sale deed,
can xerox copy of the agreement to sale deed is markable document in the court ?
