How the Agreement is maintainable?
BAALASUBRAMANNYAMM
(Querist) 08 March 2011
This query is : Resolved
Respected Sir,
Plz, clarify the doubt,
"A" is having some extent of land and "B" is having some extent of land. Both of them have agreed to sell the said lands to "C". Accordingly both of them have executed an unregistered Agreement of Sale and "C" has paid part payment of the sale consideration.
What is the interesting point in this is, "A" has not signed on the said Agreement and whereas "B" has only signed on the same. Due to non signing, "A" is not willing to take the balance amount and come for registration of a sale deed.He is now denying the transacation.
At this juncture, what "C" has to do against "A".
Advocate. Arunagiri
(Expert) 08 March 2011
You give a contradictory statement. You say they have ( A&B) executed the agreement. Then you say A had not signed. Without signing how A can execute the agreement.
This question is highly hypothetical.
Y V Vishweshwar Rao
(Expert) 09 March 2011
Is it- without actually signing -A- has received the Advance sale consideration - is there any receipt of the said advance amount from - A- - if -so - file the suit for specific performance making A & B as defendants and Deposit the balance amount in the court !
BAALASUBRAMANNYAMM
(Querist) 09 March 2011
Respected Arunagiri Sir,
I catch your point. In the said Agreement of Sale, "A" has shown as a Vendor and the property particulars and his residential address was only mentioned. Actually "A" has neither received any sale consideration nor issued any receipt in this issue.
M V Gupta
(Expert) 10 March 2011
If A has not signed the agreement and did not receive the advance amount, there is no agreemnt between A and C. Mere mentioning of the details of A's property in the agreemnt would not create any obligation on him to sell the property to C.
BAALASUBRAMANNYAMM
(Querist) 11 March 2011
Respected Gupta Sir,
Thanks for giving your valuable suggession.
Now clarified my doubt.
