Validity of sale agreement
SRIKANTH KURRA
(Querist) 01 April 2012
This query is : Resolved
My dad and his brother jointly purchased an agricultural land in 1991 in their names. They got the sale agreement registered in the concerned SRO. The details available in SRO website are attached, based on the document no. available with me. Now, my dad and his brother had both passed away and we want to sell that land. Is that sale agreement valid now? Plz clarify whether we can proceed with selling of that land or are there any legal objections?
ajay sethi
(Expert) 01 April 2012
who are the legal heirs of the property?
did your father and uncle leave behind any will?
you will have to apply for legal heirship cetrtifcate for property .
have property transferred in legal heirs name . then only you can sell property
Sailesh Kumar Shah
(Expert) 01 April 2012
Is that sale agreement valid now?
Answer: Since more than 3 years passed, so, It is valid only in case, if any conditions is still require to fulfill otherwise it is not valid.
niranjan
(Expert) 01 April 2012
What is the position of payment and possession? If they were put in p;ossession and part consideration is paid,you can ask for specific performance. But if it was lying unexecuted for such a long time, delay in not performing your part of payment,frustrates the contract and you cannot get specific performance.
ESTHERPRIYA
(Expert) 02 April 2012
Is it sale deed or sale agreement. Sale agreement means you have to first get sale deed done or else you cannot deal with the property. If sale deed then all the legal heirs of both should join in execution of sale deed.
Nadeem Qureshi
(Expert) 02 April 2012
Dear Querist
I think you have understand about the nature of you query, it is very critical, so give answer all the question and get opinion
SRIKANTH KURRA
(Querist) 04 April 2012
Thanks for the replies. No will is left behind. My mom is legal heir of my dad and my cousin is legal heir of my uncle. Its a sale agreement and our family is in possession of the land. Can the sale agreement be converted to sale deed now?
Sailesh Kumar Shah
(Expert) 06 April 2012
Can the sale agreement be converted to sale deed now?
Answer: Yes, all legal heirs is willing to do so.
