AGREEMENT TO SELL
vijays
(Querist) 17 February 2011
This query is : Resolved
IF I EXECUTED AN AGREEMENT TO SELL ON 100 RS.STAMP.PAID ALL CONSIDERATION BUT NOT TOOK POSSESSION.AND AFTER THAT VENDOR IS UNTRESSEBLE/DIED.AFTER 3YEARS SAID FLAT IS IN HIS NEPHEWS POSSESSION.
WHAT IS THE REMEDY FOR ME?
Ramakrishna Ponnekanti
(Expert) 17 February 2011
depends on terms of agreement. if agreed to register on demand , not withstanding death, demand can be now and within three years from demand against legal heirs. if nephew in possession is not legal heir, he ia also to be impleaded as party.
Dushyant Pandya
(Expert) 18 February 2011
Agreed but as neither vijaji having possession nor clear title, so his case in court is very week. As ramakrishnaji said it depends on terms of agreement only.
M V Gupta
(Expert) 18 February 2011
Is the stamp duty paid on the agreement adequate acording to your local law? Also check if the agreement is required to be registered as is required in Maharashtra. If the answer to the first question is negative and the agrement is required to be registered,then the agreement cannot be relied on in any court of law and it is doubtful if any suit for specific performance is maintainable. In that case u may be entitled to demand return of the amount paid to the vendor from the heirs of the vendor.Possession of the property with the nephew of the vendor will not be an obstacle for claiming refund of your money or specific performance of the agreement.
R.venkatesh Naidu
(Expert) 19 February 2011
Mr. Dineshwar Singh Kaushik advise is correct. You may file a suit against the nepews. Because you agreed a person and he was passed before registering the document. If the person can give power of attorney to anybody they met you for registering. But in this case his nepews were taken possession is baseless. So, you can file a suit in proper court and proper jurisdiction.
vijays
(Querist) 21 February 2011
but i dont know where she is.she is dead or not? i have only simple agreement of her signature.she accepted total consideration.and assured tht she will handovr possession at the time of agreement.there is nothig abt why they r nt registering agreement possession.
Dineshwar Singh Kaushik
(Expert) 17 February 2011
