Vendor-Vendee
Satyanarayana Rao. V. Chadalla
(Querist) 30 April 2010
This query is : Resolved
I have come across a document in which a person has entered into Agreement of Sale Cum GPA. After 20 days he has sold the property in the name of 5 persons, in which he is one amoung them others are his father,brother,brother's wife and an out sider.Later they have devided the land into parts and have registered some sale transactions.
Q.Can a Vendor also be a Vendee?
Q.Can the Agreement of Sale Cum GPA holder execute a sale deed in his favor along with others?
Q. Is the document valid in law? If yes how? If No.What has to be done? Is there any remedy?
Q. What will be the legal status of the next documents already registered?
Kiran Kumar
(Expert) 30 April 2010
quite an interesting query....to my opinion a vendor can not be vendee, moreover when the property was to be divided among the family members then what was the need of selling it?
we shall find some judgment which would explain whether a vendor can be a vendee.
A V Vishal
(Expert) 30 April 2010
In A.P it is quite common to create a AGPA viz. Agreement of sale and GPA.
Q.Can a Vendor also be a Vendee?
Ans. Yes.
Q.Can the Agreement of Sale Cum GPA holder execute a sale deed in his favor along with others?
Ans. Yes
Q. Is the document valid in law? If yes how? If No.What has to be done? Is there any remedy?
Ans. Yes.
Manish Singh
(Expert) 30 April 2010
a vendor can not be a vendee since an agreement can take place between two or more persons only. the following section of the contract act clarifies the same :
"Sec 2.Interpretation-clause. In this Act the following words and
expressions are used in the following senses, unless a contrary
intention appears from the context :-
(a) When one person signifies to another his
willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to
such act or abstinence, he is said to make a proposal:
(b) When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be
accepted. A proposal, when accepted, becomes a promise:
(c) The person making the proposal is called the "
promisor and the person accepting the proposal is called
the It promisee ":
(d) When, at the desire of the promisor, the promisee
or any other person has clone or abstained from doing,
or does or abstains from doing, or promises to do or to
abstain from doing, something, such Act or abstinence or
promise is called a consideration for the promise :
(e), Every promise and every set of promises, forming
the consideration for each other, is an agreement."
for your other queries it is to be mentioned that the said deed is not valid under the eyes of law in whole but whatever part is valid according to law can be forceable.
A person who is a GPA holder can sell a property to his own if the GPA entitles him to do so. it shall be leagal.
Raj Kumar Makkad
(Expert) 30 April 2010
It is impossible to be agree with vishal on this matter. The opinion of Manish is accurate. A vendor cannot be a vendor and thus the registered sale-deed executed is illegal and invalid.
Ashok Yadav
(Expert) 30 April 2010
In my opinion as per the present query, the vendor and vendee of the property are not the same person, they both are different persons.
A (Owner) entered into an Agreement to sell cum GPA with B (Purchaser)this document is generally executed in A.P.
Now B is the attorney holder of A. A has entered into an Agreement to sell cum GPA with B, now B is working as attorney holder of A and he can execute sale deed in favour of any person including him, as he has entered into Agreement to sell also via same document.
Now answers are as under:-
Q1. Yes in the present case.
Q2. Yes in the present case and situations.
Q3. Next document is 100% legal and valid in the eyes of law.
niranjan
(Expert) 30 April 2010
I agree with Mr. Yadav. The query was ambiguous.It was necessary to explain that the owner and the power holder were different.
A V Vishal
(Expert) 30 April 2010
In AP the Agreement of Sale-cum-GPA is executed in favour of the Purchaser and it will be in Two parts- First part will be General sale Agreement and Second Part will be General Power of Attorney in favour of Purchaser to Sell the property .The Stamp Duty is 1 % of SRO Value with usual Registration Fee
