Sale agreement of a disputed property
Pankaj Arora
(Querist) 09 April 2012
This query is : Resolved
Hello,
An family property dispute was ongoing in a court between legal heirs. In between one of the legal heirs sold his share to a 3rd party and sign an agreement(non registered) mentioning that the property is under litigated and the case is pending in the court. However later the legal heirs who sold his share to 3rd party withdraw his pending case in the court, and informed that the advance taken from 3rd party will be returned to him as he is having no right in the said property.
Now the issue aroused is that the 3rd party had dragged both the legal heirs in court, asking the legal heirs to proceed with the property sale deed. Issue raised by him is since both the heirs are in blood relations and due to rise in property value they do not want to sell at low price because of which they want to return the money.
Now what the stand on this case for the legal heir who didn't signed any agreement with the 3rd party and how to free his property from this case ?
Nadeem Qureshi
(Expert) 10 April 2012
Dear Pankaj
unregistered agreement has no existence in eye of law, 3rd party can not do any thing against legal heir
Deepak Nair
(Expert) 10 April 2012
The case filed by the 3rd party lacks merit as the agreement itself is invalid.
Further, the agreement was by one of the co-owner without the consent of the other co-owners.
The said legal heirs are at advantage.
Pankaj Arora
(Querist) 11 April 2012
Thanks for the reply.
The point projected in front of honorable court is that :
1) Since both the heirs are in blood relations and due to rise in property value they do not want to sell at low price because of which they want to return the money.
2) To get the sale deed register the 3rd party had contacted the the heir who sign the agreement was he was not ready to do so, because of which he had filed a specific performance suit.
Also, regarding unregistered agreement what is the possibility of getting the same registered now after paying appropriate fee+penalty.
