sale agreement
harish
(Querist) 01 March 2010
This query is : Resolved
HI iam harish i have entered to sale agreement on 18 -1-2010 and G.P.A of agricultural land which is not been parition this property is huf property and i have have paid full amount to the parties now the parties had filed for partion suit so how can i get the property registered in my name so waths the procedure and for how many days the sale aagreement will be valued plz suggest me
Parveen Kr. Aggarwal
(Expert) 01 March 2010
In case you have registered GPA in your favour, you may sell the undivided share and the purchaser will get the property subject to partition.
Raj Kumar Makkad
(Expert) 01 March 2010
You can duly sale the land upto your share and there is no need to wait till the partition proceedings are finalized. Symbolic possession can be delievered to the buyer.
niranjan
(Expert) 01 March 2010
Sale agreement is enforceable within three years from the date of denial.On the strength of GPA in your favour for the share you have purchased, you can become a party to the suit.
adv. rajeev ( rajoo )
(Expert) 01 March 2010
You have done a mistake. You could have made an enquiry before executing the agreement of sale in your name. You said HUF property and paid amount to the parties. It is not clear in your question whether all the parties of the HUF have signed or not? If only one of members of the HUF is signed then in a partition suit sold share will be alloted to his share. You will have to wait for that
seshagiri Rao
(Expert) 09 March 2010
The time stipulated for the execution of the registered sale deed is not mentioned in your question. If it is stiputated in the agreement,the period of limitation for filing the suit for the specific performance of such agreement to sell is three years from such stipulated date.If no time is stipulated in the agreement, it will be 3 years from the date when the seller on demand fails to perform his part of the contract
If the seller under the agreement is a member of HUF, the puchaser from such member can claim the joint undivided share of such seller,by seeking the court to implead him as a party in the suit for partition and such claim will be subject to his right under the said agreement.
