Consent terms and final payment

Querist : Anonymous (Querist) 23 February 2023 This query is : Resolved
Hi All,
I am in the middle of a cancellation of a suite and have a query in which I need your help

There are two plaintiffs involved, a husband and a wife. However, only the husband was present to sign the consent terms in court on behalf of his wife. These consent terms have been accepted by the court.

As per the consent terms, we will be entering into a cancellation deed for the previous sale agreement, which will be done with a registrar.

Problem: for the payment settlement we have been asked to make the payment only in the name of the husband while being assured that both husband and wife will be present for the cancellation agreement in front of the registrar.

Query: Is there a possibility that this could create an opportunity for the wife to make claims in the future? Are there any other risks or issues that we should be aware of, or is this arrangement entirely secure?

Important note: There is no indication in the consent terms as to who should be the recipient of the payment. I am assuming that it should be both husband and wife as the agreement of sale and court case was filed in a joint name

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Quick Summary

A user is seeking advice regarding a court-approved consent order for a sale agreement cancellation. While the consent terms were signed by the husband on behalf of both himself and his wife, the payment settlement is to be made solely in the husband's name. The user is concerned whether this arrangement could expose them to future claims from the wife, especially since the original sale agreement was in both their names. They are seeking to understand the potential risks involved.

kavksatyanarayana (Expert) 23 February 2023
Sale cancellation suit? Who are the buyer (wife and husband ) and the seller? your query is not clear to me.

Dr J C Vashista (Expert) 24 February 2023
Vague and confusing facts cannot lead to form proper opinion and oblige.
What is the advise of your lawyer ?
Why do you need a Second opinion except the fact it is available FREE OF COST on this platform

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