I have entered into Registered Agreement of Sale on 08-01-2018 with X (78 years)and Y (72 years) (Vendors) for property No. 10 & 11. I have given a Paper Advertisement in leading Kannad and English news paper on 10th January 2018 In this regard. Both are husband and wife. Mr X by profession Engineer and contractor and worked for more than 50 years and done many Government and Private Contract work.
Y had purchased property No. 10 during 1999 and X had purchased property No. 11 during 2000. Both the sale deeds (1999 and 2000) are silent about the source of fund. In 2003 they have merged the property and constructed a commercial property on the site No. 10 & 11.
X and Y has 4 Daughters and a Son. Son is not living with them from past 15 years.
I have received call from the vendors saying that the Son has put a case of partition and made X , Y and four daughters as defendant.
After listening to this I have taken Notarized Affidavit and NOC from all the four daughters saying that the said property is self acquired property of their Father and Mother and They have no objection in selling the property to Me and will give consent for sale deed or they will come forward and execute the necessary documents. And Indemnity clause is also there.
The Plaintiff Son 1 in his suit claims that His father had sold the property which is ancestral property and sold during 1995. Out of sale proceeds and rental from the said property he had purchased the property No. 10 & 11.
I feel I have Two option with me now
- Cancel the agreement and take Back the Advance amount. If I cancels the agreement The Vendors have no money to repay the Advance.
- I Purchase the Property by Making the all the Four Daughters and Vendors as party to Sale deed. In this case the Son can challenge the Sale and make me also party and may cancel the sale transaction.
Please advise me on further course of Action from My side. If any other alternative also please advise
