Agreement validity
kunhi marakkar
(Querist) 16 February 2026
This query is : Resolved
"The following are the terms of an agreement signed by both the First Party and the Second Party. The First Party’s son has signed as the first witness, but there is no second witness. The agreement is unregistered. Regarding the property mentioned as security in this agreement, although a preliminary decree for partition has been obtained from the Munsiff Court, the final partition through a Commission has not yet taken place. That is to say, no party has gained physical possession of their specific share of the land. Due to this reason, the monthly installments have not been paid. In such a situation, will this agreement be legally valid or enforceable if taken to court?"
​Terms and Conditions
​Disputes regarding the properties sold by the First Party to the Second Party via Power of Attorney (Document No: .......) have been settled hereby by fixing a compensation amount of ₹15,00,000/- (Rupees Fifteen Lakhs only), which the Second Party has accepted and agreed to.
​It is hereby resolved and agreed that the First Party shall pay the aforementioned ₹15,00,000/- to the Second Party. As security for this amount, the First Party shall execute and register a Release Deed (Ozhimumuri) for 40% of the properties reserved for the Second Party as per the order of the Hon’ble Munsiff Court in Case No. O.S. ....... Such registration is strictly for security purposes only. Upon payment of the said amount by the First Party to the Second Party, the aforementioned properties must be returned to the First Party via Sale Deed or Release Deed.
​It is mutually decided and agreed that the First Party shall pay the said amount to the Second Party in installments as convenient; however, the payment shall not be less than ₹6,000/- per month under any circumstances.
​Both parties hereby affirm that these matters were discussed and decided personally between them in their capacity as elder sister and younger brother. This agreement is based on a proposal reached through voluntary discussion, without any external influence, compulsion, threat, or coercion from anyone.
​It is strictly resolved and agreed that the Power of Attorney required to register the Release Deed—concerning the properties belonging to the First Party and ordered to be partitioned/allotted to the First Party by the Munsiff Court in Case No. O.S. .......—shall be registered by the First Party in the name of the Second Party’s son (.....) within 7 days from today.
​It is strictly resolved and agreed that the Second Party shall not initiate any legal proceedings immediately under this agreement and shall grant the First Party time to make the payment. Until such time, the Second Party shall hold and enjoy the security properties in their possession.
​All disputes regarding the aforementioned matter are hereby settled and compromised. It is strictly resolved and agreed that there shall be no further disputes between the younger brother and elder sister, and they shall move forward maintaining a harmonious family life.
​Both parties have accepted and agreed to the above terms and have signed this agreement in the presence of the witnesses named below.
​Dated this 24th day of February 2020.
​
T. Kalaiselvan, Advocate
(Expert) 16 February 2026
Firstly any sale agreement entered into for purchase of immovable property during pendency of a civil dispute, may not be treated as legally valid especially if it is by an unregistered agreement, hence enforcement of the sale agreement through court may not be entertained. Moreover it appears that only a power of attorney deed was executed and not a sale agreement, hence the power agent cannot file a suit for specific performance of contract in the absence of any such contract between the power agent and the principal.
Besides, the lengthy contents you have posted here are confusing hence a consultation with a local prudent lawyer would be of use to you in this regard
kavksatyanarayana
(Expert) 16 February 2026
The terms and conditions are vague. And the Commission has not yet settled the issue. Hence as advised by the above learned expert, the agreement executed between the parties when the dispute is not finalised, and hence it is not valid
a
Dr. J C Vashista
(Expert) 22 February 2026
a) The agreement is stated to have been executed by son of the First Party, accordingly the agreement is illegal and invalid, which cannot be enforced.
b) First party's son is the only witness to the subject agreement, therefore, it is not clear as to whether the "SON" is the "executant" or "witness" of the subject agreement, however, the "son" cannot be at both counts.
c) Whether the property is under "sale" "release" or "security" since all three terminologies have been used in the facts /this post ?
d) The relief sought in the suit is for "partition" "relinquish", "security" or "sale" where preliminary decree is stated to have been passed by the Munsiff Court ?
There are many other inconsistencies and queries in the facts posted vis-a-vis query, where proper opinion cannot be formed without perusal of case file.
e) The parties to the lis must have availed services of their lawyer(s), what is their opinion and advise ?
P. Venu
(Expert) 04 March 2026
The facts posted are vague and disjointed. There could be meaningful suggestion unless the documents are seen and issues discussed.
