Agreement to sell
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
Respected Experts,
In an agreement to sell an immovable property, father and mother was mentioned as executants in the body of the document, which ran into 5 pages of Non-Judicial stamp papers.
Father and mother put their signatures on each and every stamp paper i.e. on all 5 pages. But, their son and daughter put their signatures only on 1st page(stamp paper)
In such a case, can the children i.e. son and daughter be treated as executants to the said document?
Does the said agreement binds the children in a suit for specific performance.
Can the children be exonerated from the liability under such an agreement?
ajay sethi
(Expert) 08 January 2012
if property is being sold only by parents how are children the executants?
have the children signed document as vendors?
Sushil Sharma
(Expert) 08 January 2012
above of all we have to see the intention of the agreement, if intention is clear then there is question of ambiguity. if the agreement shows that executors will be parents and 1st page bears the signatures of all and rest of pages does not bears the signatures of all, it does not matter. however detailed reply can be given only after looking over the document.
advocatesushilpandit@gmail.com
Devajyoti Barman
(Expert) 08 January 2012
Suti for specific performance of contract could only be filed by the parties of either part.
If the children were minor then mere mentioning or putting their signature would eb of no value.
If they are major and they need to be mentioned at the place where names of the parties described at the first part of the agreement.
Now if they pout their signatures at the very end of the agreement and not on every pages, that is sufficient for them to remain party to the agreement.
Raj Kumar Makkad
(Expert) 08 January 2012
It is to be seen in what capacity those children signed even on first page of the agreement and only author can clear this point. It is also to be cleared who was real owner of the property under agreement to sale and what was the source of the property means whether it was ancestral or self acquired of the seller.
These questions are very important to provide final reply on the subject because the matter shall change on the change of the reply on these points. so author ji come forward.
prabhakar singh
(Expert) 08 January 2012
There can not be an advise for such a query without perusal of the agreement.
Querist :
Anonymous
(Querist) 09 January 2012
Makkad Sir,
A portion of the property is ancestral to the father and remaining is the stridhana property of the mother.
Except putting the signatures on the 1st page, nothing was mentioned about them or their status in the agreement.
pls reply
Shonee Kapoor
(Expert) 09 January 2012
Show the agreement to an effective advocate, nothing serious can be advised on the facts given.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
