Property based contract
prachi pandit
(Querist) 11 June 2013
This query is : Resolved
Husband sold a property to the customer and took a small advance payment. Later however he realized that he has given away his property at a low price and so looks to bind away from the contract. He claims three things-
Property was of wife and so could not sell at first place
part consideration was only provided and so not binding
and that all terms of the contract were not decided and so it was not a binding contract
Can i get precedents or arguments in the favor of the husband. Thankyou
Anirudh
(Expert) 11 June 2013
Whether any written agreement was entered between the seller and the buyer?
If yes, who has been shown as the seller (husband or wife)?
How the part consideration was received by means of cash or cheque?
Whether any receipt was given for the said amount received? In the receipt, whether there is any link to the property agreed to be sold?
How old is the transaction - rather when was the amount received by the husband?
Rajendra K Goyal
(Expert) 11 June 2013
All the documents/ information are to be referred, (specially the information pointed out by expert Anirudh Ji) before arriving at any view. You have mentioned that the property sold, how? whether only agreement / promise is there or registration process has completed. When property belonged to wife, without her consent how husband sold it. After receipt of the reply view can be expressed.
prachi pandit
(Querist) 17 June 2013
5000 rs of 90 lakhs were given in cash and receipt was given. Consideration too small, can the contract hence not be binding?
Wife did not know of husbands doings. individual property, could lead to fraud by husband but can he still get away from the contract and not sell??
Seller is shown as husband
This case is three years old
Still a first year student so whatever help provided will be very helpful thankyou
prachi pandit
(Querist) 17 June 2013
5000 rs of 90 lakhs were given in cash and receipt was given. Consideration too small, can the contract hence not be binding?
Wife did not know of husbands doings. individual property, could lead to fraud by husband but can he still get away from the contract and not sell??
Seller is shown as husband
This case is three years old
Still a first year student so whatever help provided will be very helpful thankyou
