regarding sale

Querist : Anonymous (Querist) 14 June 2010 This query is : Resolved
we have a joint ancestral property and there are five legal heirs and 3 of them made a sale agreement with our tenent since 7 years the lease agreementwas being renewd for 11 months.And two of us have not signed it and he gave cheques on our names to my parents and they have deposited it in jointaccount with out my notice does this mean that we also have signed the agreeement.is the agreement valid without our sign.is it possible for the other three to come out of it without specific performance

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A V Vishal (Expert) 14 June 2010
Acceptance and deposit of cheques is sufficient to raise liability on you. The lessee can file a suit for specific performance.

Devajyoti Barman (Expert) 14 June 2010
That apart one of the co sharers can always validly enter into agreement for lease in respect of joint property even if other did not join or have no knowledge.

Prakash Langalia (Expert) 14 June 2010
so far the sale agreement is concern signature of all heirs must. any sale agreement of immovable property must be registered under sec.17 of registration act.you can show pay-in slip of the bank to the court which is filled by your parents.and thereby you can prove that transaction took place without your notice and sale agreement is not binding to you.

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