Validity of an Agreement
mohammad Tausif
(Querist) 28 June 2015
This query is : Resolved
Hello,
1). I sold my property in 2007 to Mr. X, sighning an agreement concerning details of property and payment options.And received a major amount of payment within a year(not full amount yet).And no major clauses written on the agreement.
2). Now, in 2007 Mr. X sold or gave the possession to Mr. Y without my concern.
3. In 2007, the property was registered in my fathers name
In 2013, I got registered the property in my name through HIBA (as per MUSLIM law)
Does the agreement Still Valid?
Can I take my property back or not..???
Plz Help.....
SUBRAMANIAN C R
(Expert) 28 June 2015
If the property was not transferred to Mr.X by a registered instrument, any transfer/handing over possession by him is illegal. But ion case you had put "X" in possession of the property at the time of agreement, then his possession and possession of those claiming under him will be valid. They can always use it as a shield to protect possession. For a correct opinion, one has to see the copies of the agreement and subsequent documents. The recitals in the agreement should be scrutinised
Dr J C Vashista
(Expert) 29 June 2015
I agree with the expert advise of Mr. Subramanian. Show the document of agreement to sell to a local lawyer for forming proper opinion and advise. However, how and why did you hand over possession of the property without getting full consideration amount?
What was the terms and condition for registration of documents qua the property especially validity period of the agreement?
Rajendra K Goyal
(Expert) 29 June 2015
All the documents need to be referred, consult local lawyer.
bsrao
(Expert) 30 June 2015
In continuation to the above opinions, on the question of validity of the agreement - X now has a valid agreement for enforcing specific performance on your becoming owner (as it breathes fresh life into the agreement).
Advocate. Arunagiri
(Expert) 02 July 2015
In the year, 2007 the property was in your father's name. How you have entered into a sale agreement?
Guest
(Expert) 08 July 2015
Well Advised by Experts Mr.Subramanian and Mr.bsrao
