Agreement of sale
R.Ramajayam
(Querist) 27 August 2009
This query is : Resolved
The plaintiffs has filed the suit for declaration of properties. Fact is they were already sold the same to the defendants. the plaintiff allegation is that the properties are reserved for hill-tribs so the sale it self is not binding on them. Now the trial is over, the land is not at all reserve land. while the matter is pending before the court the defendant has entered in to an sale agreement with 3rd party. is it affect the case of the defendant and is it illegal as per transfer of properties act? Ple clarify
Jayashree Hariharan
(Expert) 28 August 2009
actually, as per law, no property can be sold or agreed to be sold when the matter is in court. however, since the land is not reserve land, the transfer to the defendant is valid, and the defendant is the absolute owner and can do anything suited as an absolute owner. in case of any more clarfication, the defendant can file for declaration suit, regarding the property. Hope all the necessary papers are available with the defendant to prove his/her title.
A. A. JOSE
(Expert) 29 August 2009
When the defendent suceeded in negating your contention regarding reserve land, I do not think that there is any legal impediment in effecting the sale of the land by him.
vinjamuri ranga babu
(Expert) 29 August 2009
hi,
when the declaration is pending, no agreement is valid unless and until rights are decided.
vr
