Sale agreement validity
Guest
(Querist) 21 November 2015
This query is : Resolved
sale agreement validity when the person died and the signature is valid
R.K Nanda
(Expert) 22 November 2015
query too long.
Guest
(Querist) 22 November 2015
Thanks for your reply. In short,
P. Venu
(Expert) 22 November 2015
Who are A and B? How you are related to them?
Guest
(Querist) 22 November 2015
the gift deed of the family
who are
K.S.Srinivas
(Expert) 23 November 2015
No validity for the sale agreement between A and B, as B entered into sale agreement before getting his share through partition.
Guest
(Querist) 23 November 2015
Thanks Srinivas for your reply.
please help...
K.S.Srinivas
(Expert) 23 November 2015
For citations, you can approach your advocate.
Guest
(Querist) 23 November 2015
The case is running in civil court...
A and B
P. Venu
(Expert) 23 November 2015
Perhaps, the query requires to be restated to clarify the following inconsistencies/lapses:
-4. "B"-Younger brother started interfering with "A"s peaceful possession of his property." How B had interfered?
-8. "Again Panchayat held, "A" agrees to purchase the said land for Rs.5000 and "B" executed agreement of sale on 21-04-1992". How is it that Panchayat had decided/settled a civil case?
- Moreover, the query is silent as to whether A had given the amount as promised to B.
In fact, the material facts involved appears to be simple and straight forward:
The younger brother was unsatisfied with the partition and the elder brother had promised him an additional amount in order to satisfy him. And since this promise has not been honoured, the younger brother is unhappy. Hence, all that is required is that the promise be fulfilled. The entry in the revenue records are of no relevance in this context.
Guest
(Querist) 24 November 2015
The case is running in court for over a decade
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
The logic is one cannot sell what he has not therefore the sale agreement without confirming his title or possession is invalid and null and void.
