Sale agreement breach & gift deed
navin
(Querist) 19 August 2013
This query is : Resolved
land owner of property krishnappa has entered into an registered sale agreement for 20 lacs on 4/2/2013 & jayendra has pd 5 lacs as advance to krishnappa,due to some reason the registered sale agreement was cancelled on17/6/2013 @ sro,in that sale agreement it was clearly stated that krishnappa cannot enter in to any gift deed,mortgage,gpa,other sale agreement etc.
krishnappa has entered a registered gift deed to his wife vijaya on 8/3/2013.
1.my question is is the gift deed valid?
2.now ec shows property owner as vijaya ,what caution should one take buying this property?
3.whom should we consider as owner krishnappa or vijaya as krishnappa has breached the sale agreement?
4.is this a mistake of sub registrar?
M.Sheik Mohammed Ali
(Expert) 19 August 2013
1. its not valid
2. you send the cancellation deed to the SRO
4. no he is not mistaken
prabhakar singh
(Expert) 20 August 2013
1.It would be WRONG to conceive that just because there was an agreement to sale dated 4/2/2013 providing bar to make a gift,gift made on 8/3/2013 is invalid.
In fact it is breach of a contract and not any invalidity.
But since 'due to some reason the registered sale agreement was cancelled on 17/6/2013'The cause of action that had accrued in prospective buyer due to execution of gift, died with agreement getting cancelled on 17/6/2013.
2.&3.For every reason to be counted legally at present right, interest,title and possession of the property vests in donee Vijaya and not in donor (previous owner) krishnappa.
Breach of sale agreement has no effect on gift in this case as sale agreement has got cancelled.
4.The registrar has nothing to do with deals or breaches people make.
navin
(Querist) 20 August 2013
thank u sir for ur answers.
