agreement to sale
lalatendu das
(Querist) 03 April 2015
This query is : Resolved
Dear sir I had execute an agreement to sale a property of my grandfather. Both my father and grandfather were passed away now my sisters want to cancel that agreement by refunding the amount. Is it possible to revoke the agreement and is there any limitation for it.
Devajyoti Barman
(Expert) 04 April 2015
Well, you have not said as to whether your father has gifted you all the property or he has dies without any Will.
Do inform whether you come from WB AND BENGALI by birth.
Dr J C Vashista
(Expert) 04 April 2015
Besides the very relevant question asked by the expert Mr. Devajyoti Barman, I agree, for proper advise you are required to disclose:
How many brother/sisters are there of your father? How many brother/sisters are you? What is the share devolving upon you? How much property did you agree to sell?
lalatendu das
(Querist) 04 April 2015
Sir I have executed this document after demise of my father and grand father but my father has 2 sisters only.i am belongs to odisha.i have one sister only and my query is whether I would be able to send a notice to the that person to revoke the agreement in the eye of law.
alexander
(Expert) 04 April 2015
Do you have a registered Title to the Property for which you have made an Agreement to Sell.?
In the absence of your locus as title holder of the said property your Agreement for sale would be invalid and - void and ' non-est'.
There may be some locally specific conditions in the part of the country where you may be residing but the TRANSFER OF PROPERTY ACT is applicable across the Union.
Rajendra K Goyal
(Expert) 04 April 2015
You are not absolute owner of the property to sell it fully, try to have amicable settlement with other legal heirs.
ajay sethi
(Expert) 04 April 2015
on your grand father demise your father had only 1/3rd share in said property . your 2 aunts had 1/3rd share each .
on your father demise you and your sister have inherited your father 1/3rd share in property .i presume your mother predeceased your father
how can you sell the property without consent of other legal heirs?
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
Thus the very sale agreement is null and void since you do not have proper title to sell the entire property by yourself, therefore better to inform the buyer about this, arrange to refund the amount received and then chalk out a mutual agreement among the surviving members for a cordial and proper partition among yourselves, get it registered and then proceed with the sale of your share without taking permission from anyone after that.
