Unregistered agreement to sell
Aman
(Querist) 30 October 2012
This query is : Resolved
Dear Experts,
‘A’ as a vendor, entered into an unregistered agreement to sell jointly with ‘B’ & ‘C’. Accordingly ‘B’ & ‘C’ jointly paid the earnest money to ‘A’. On the due date of registration, only ‘C’ from the side of vendees came present & ask ‘A’ to execute the sale deed in favour of ‘D’. ‘C’ was made witness to the sale deed. The original unregistered agreement to sell was destroyed after registration of sale deed.
My questions are:
1. Can ‘B’ sue ‘A’, on behalf of a Xerox copy of the unregistered agreement to sell, in which he was also the vendee, stating lie that he was unaware of the said sale deed executed in the name of ‘D’ by ‘A’ even with the consent of ‘C’.
2. If yes, whether ‘A’ is at fault or ‘C’ is at fault or both?
Dayananda Gowda
(Expert) 30 October 2012
You are not clarified that what is the relationship between B & C. if they are belongs to same family or partners? If C is managed to registered the sale deed behind back of B, it is fault of both A and C. B can not be claim relief on the basis of xerox copy. he must request to produce the original copy. If the original copy is already destroyed no problem.if B approch the court deney the execution of sale agreement in favour B & C
