Specific performance of oral contract

Jolly James 9447287658 (Querist) 02 August 2012 This query is : Resolved
Son and mother entered in to sale of family property by an oral contract and received advance amount. Is it enforceable

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Devajyoti Barman (Expert) 02 August 2012
Oral agreement is valid form agreement for sale and hence liable to be specifically performed.

Advocate Bhartesh goyal (Expert) 02 August 2012
Suit for specific performance on basis of oral agreement is maintainable but it is very difficult to prove oral agreement.

ajay sethi (Expert) 02 August 2012
yes it is valid . supreme court has held that oral agreements for sale are enforceable

prabhakar singh (Expert) 02 August 2012
Experts are right.
But In U.P.Law specifically stipulates that an agreement to sale with respect to immovable property should not only be in writing but must be registered too.
you have not stated in which state the property is?If in u.p.it can never be possible.

Raj Kumar Makkad (Expert) 03 August 2012
Oral Sale agreement of immovable property is not maintainable in maximum parts of India so the same shall not be enforceable in those parts including my State Haryana.

Jolly James 9447287658 (Querist) 03 August 2012
Thank you everybody AIR 1996 SC 1960 & AIR 1997 S C 772.SUIT IS TO BE FILED IN KERALA

prabhakar singh (Expert) 03 August 2012
Thank you too.

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