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sale aggreement

Querist : Anonymous (Querist) 27 March 2011 This query is : Resolved 
sir, my father has inherited property from my grandfather.He has entered into an sale aggreement which is not registered to someone by taking a advance and finish the sale within 3 months.But the buyer is forcing us to register although 6 months from the date of aggreement has gone.As it is a inherited property i issued a notice to him that because of partition issues it cant be entertained.But he is saying that he ll fight in the court if not carried out .What is the validity of sale aggreement in case of inherited property if executed unilaterally between my father and buyer withiut consent of son above 18 yrs of age?What is the solution to this problem?.Kindky suggest.

R.Ramachandran (Expert) 27 March 2011
Important particulars are lacking in your post.
Though you say that the property is inherited by your father (we do not know whether he is the only son for your grand father or there are other brother(s) and sister(s) to him), whether the property is 'ancestral' or 'personal property' in the hands of your father. If it is 'personal property' of your father (even inherited property could be personal property), then he does not require consent of any one for selling the property.
Guest (Expert) 27 March 2011
the purchaser can file a case for the execution of the sale deed. it is not necessary to take the permission of any other for the sale of the property and in this way the property which is inherited may become the self acquired property also
Advocate. Arunagiri (Expert) 27 March 2011
What is the size of the property your father in herited and out of which what size he had sold?
V.T.Venkataram (Expert) 27 March 2011
It is a voidable contract. Further, in any contract, if three months is mentioned, it stands.Since other legal matters are involved, and as your case is very strong donot worry about any litigation.Unfortunately, any body can file a case against any body in the present system !!
Devajyoti Barman (Expert) 27 March 2011
You can file a suit for declaration and injunction.


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