Gnanendra Reddy 11 June 2021

seller and agent sale agreement with buyer

agent and owner together made agreement with B to register the property within 4 months..
(money is retained with agent)

but, due to covid/health issues owner died after 1 year.. now, agent is falsely claiming that total consideration given in cash to owner.. original documents is given to B..

is legal heirs of owner bind to the above sale agreement.. (my father never told about the sale agreement).. but, original documents along with sale agreement is there with them..

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 June 2021

Whether the agreement of sale is registered or not?

Sankaranarayanan (Advocate) 11 June 2021

Is the buyer paid full amount ? How you aware it? Is the buyer aware about the original owner died? Consult with local lawyer and issue a notice to the power agent to settle the sale amount which he received from the purchaser.

Dr J C Vashista (Advocate) 13 June 2021

The agent is liable to make good the money received on behalf of principal.

Consult and engage a local lawyer for proper appreciation of facts and necessary action.

P. Venu (Advocate) 13 June 2021

The payment, if any made, could be ascertained from the agreement. The legal heirs of the seller are bound only by the terms of the agreement, that too, only if found to be genuine.

The posting suggests deeper issues. Please post complete facts.

T. Kalaiselvan, Advocate (Advocate) 14 June 2021

The burden lies on the party who is making a claim in this regard in the suit that may be filed before court seeking necessary relief.

.When you say that your father never informed about the sale agreement at all to you people how can you say that your father never received the full sale consideration amount or how can say that the agent is telling lies in this regard.

However if the buyer b is filing a suit for specific performance of contract the burden to prove the payment of full sale consideration made to the seller lies on him.

He has to prove the same with documentary evidences, otherwise his case may not be maintainable.

Therefore ask them to proceed with the proposed case, you can challenge the same as per law.

Gnanendra Reddy 15 June 2021

I have doubt that agent might have obtained my father signature on agreement by playing fraud.. or signature is forged.. if they manipulate the agreement that total consideration is received in cash, ex 9L.. how to proove.. I have checked all my father bank account no. no money is deposited.. if any token money is received, there should be reflected in some form..

agent is telling we have signatures of your father on 100 rs stamp paper