SARAT B (CONSULTANT) 31 August 2014
Biswanath Roy (Advocate) 02 September 2014
Money receipted by granting a receipt upon white paper does not construe as sale. That receipt does not create any title over the property.. You can refund the receipted money through Bank Draft and send the same along with a forwarding letter.addressed to him.
SARAT B (CONSULTANT) 02 September 2014
T. Kalaiselvan, Advocate (Advocate) 05 September 2014
The alleged sale agreement is actually not one. There was no agreement for sale between both the parties for the reasons: 1) Your paternal uncle cannot enter into individual sale agreement of the entire property proposed to sell by himself alone when the property belongs to other co-sharers too; 2) The stamped receipt acknowledging receipt of money towards advance of sale consideration cannot be construed as valid sale agreement because there is no such an agreement at all; 3) The present ruling is that even a proper sale agreement between parties are to be registered or else it is invalid in the eyes of law;
Thus since the agreement is not enforceable by law, it is better to refund the amount received through DD and send the same by registered post (this is not mandatory but considering the genuineness of he transaction and liability thereon, you may do so)
Further it does not appears that the property is of ancestral in nature hence you people do not have any right to exercise your options in this, better understand your position and then get involved.