Agreement to sell in favor of a minor
R S TOOR
(Querist) 25 August 2012
This query is : Resolved
Dear Sir's,
Good Evening,
I wish to take your expert advise that I bought a property in the year May 1999 at the time I was out side the country but all consideration amount passes through my NRE Account. One of my cunning relative who was playing mediator as well as witness in the transaction he executed GPA, SPA & WILL in my favor whereas as mischievous way executed Agreement to Sell in his Minor Son who was the age of 10 Yrs. Thus relative now move into the property took possession of the house in my absences. I have filed a suit for Possession in 2006 against the relative matter is still in court no decision been taken. I was not aware any Agreement to Sell in the beginning.
My question here, Is Agreement to Sell valid if it is other than the Attorney holders? what is the validity period of Agreement to Sell. It is also not registered at the registrar department.
Please put some light on fate of this dispute.
Thank you,
With Best Regards/ R S TOOR
Devajyoti Barman
(Expert) 26 August 2012
1. Well, it would depends upon the contents of the POA. Generally the transactions done by the constituted attorney in favour of himself or his family members is vitiated due to conflict of interest unless the POA gives specific power in this aspect.
So check the POA deed.
2. The Sale Agreement even if not registered is valid subject to payment of impounding stamp duty during trial if this disputed by the other party.
R S TOOR
(Querist) 26 August 2012
Devajyoti Jee,
Kindly accept my appreciation & thanks on the comments you stated.
Fortunately POA has not given such specific power. POA, SPA & WILL has not mentioned any other name then my own.
Please guide me further.
Thank you & Best Regards
R S TOOR
(Querist) 26 August 2012
Devajyoti Jee,
Kindly accept my appreciation & thanks on the comments you stated.
Fortunately POA has not given such specific power. POA, SPA & WILL has not mentioned any other name then my own.
Please guide me further.
Thank you & Best Regards
prabhakar singh
(Expert) 26 August 2012
In which state the property is located?
If in U.P. even agreement to sale are required to be registered.
Sale agreements are valid for three years from the date of execution or from time of performance stipulated therein.
The agreement in favor of his own minor son clearly speaks his cheating effort against your interest.
R S TOOR
(Querist) 26 August 2012
Prabhakar Jee,
Thank you for your comments.
Property is in Chandigarh A Duplex House, indeed he stabbed me on my back taking due advantage of my leniency and less knowledge about Indian Kanoon.
But I am still fighting for my rights.
J K Agrawal
(Expert) 26 August 2012
1 POAH have powers only up to extent stated in POA.
2 If he sole out the house what happened to consideration. If not paid to you, it is punishable.
3 Agreement to sale does not transfer any right in immovable property unless registered.
4 Agreement with minor is void ab initio and not enforceable in any Court under section 10 read with Section 11 of the Indian Contract Act.
R S TOOR
(Querist) 26 August 2012
Aggarwal Sahib,
Thank you for your valued comments and putting light on Agreement to sell.
I appreciate your expert advise in quoting Section 10 and Section 11 India Contract Act.
With Best Regards/
