agreement for sale legal validity

jayesh sinha (Querist) 20 May 2011 This query is : Resolved
A had made formal agreement for sale (not registered)on 19/04/2007 for purchase of flat from buider by name of A and made sale deed of property mentioned in agreement for sale dated 19/04/2007 in name of mother-in-law B on date 06/01/2011. Now C wants to purchase flat on resale from B.
1) My question is whether A can make sale deed in name of B and whether allowed in property law and permitted in court of law.
2) My Question is whether C can purchase flat on resale from B and what documents he should prepare to get agreement for sale in name of A transfer to name of C.
Kindly advise as I want to buy flat resale whether I should go ahead or not

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R.R. KRISHNAA (Expert) 20 May 2011
Dear Jayesh

It appears that A has entered into sale agreement to purchase a flat and later the sale deed has been executed in his mother in law’s name (B).

Answer for Question No.1: It is valid and permissible. The agreement holder (A) can ask the seller to execute the property in his favour or in favour of anyone he wishes. Hence the sale made in favour of B is valid unless challenged by A.

Answer for Question No.2: Yes you can purchase the flat on resale directly from B itself as B is the owner as per document (sale deed). For safety purposes you can ask A to witness the execution of resale.

Best regards,

Guest (Expert) 21 May 2011
repeated query

M/s. Y-not legal services (Expert) 22 May 2011
Already you got expert's answer.

jayesh sinha (Querist) 22 May 2011
i am thankful to all experts who helped me and sparing valuable advise

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