Property
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
1.Is the sale agreement required to be sign by all the parties. For the all the Names mentioned in Agreement? 2. In case of Housing Society which is not register and having 30 members list Name in sale agreement and only five people sign the agreement? 3.On 7/12 one name found change as compare to Sale Agreement mentioned name, is it valid?
Is the above sale agreement is valid agreement? Can I file the objections and challenge the Faifar ?
Required your valuable guidance on above
Guest
(Expert) 10 October 2011
1. The agreement is incomplete
2. Unregistered society has no capacity to assign any person
3. only after getting rectification of sale agreement it can be enforced.
you can challenge the same
alternatively all the members may give power of attorney to one person and the person can execute the same on behalf of all of them.
ajay sethi
(Expert) 10 October 2011
is your query related to formation of coopertaive society?
since you have stated that society is not registered and only 5 out of 30 have signed it .
in any case sale agreement is required to be signed by both the parties .
prabhakar singh
(Expert) 10 October 2011
Both of the experts have correctly spoken to the extent of the sphere they wanted to address.
Guest
(Expert) 11 October 2011
Sethi ji,
Since the author of the question stated that the society is not registered, I would like to attract your kind attention towards sec.47 of the Co- Operative Societies Act, 1912, according to which if the society is not registered cannot use the word "co-opertaive" until the society is registered with the concerned Registrar of Societies.
Guest
(Expert) 11 October 2011
With reference to the question, I principally agree with the opinion of Shri S. Ganesan.
In fact there seems to be a group of 30 members in the name of society, which term has no meaning, and seems to have been formed just for the purpose of cheating. The question arises, to whom the ownership of plot vests and who is signing the agreement for sale of plots or flats?
In my views, signing of sale agreements by different members of the group at different times would be quite invalid with particular refetrence to the real owner/lease holder of land, unless the signatories have a valid POA from the owner or other members of the group, if all of them are collective owners/lease holders.
Querist :
Anonymous
(Querist) 11 October 2011
All dear experts thanks for your valuable suggestion. I have not found any POA in favor of 5 peoples or any Society Letter head attached with any Member list, along with Registered Land sale Agreement. Is it Mandatory as per Law to give produce or attached said document at the time of Registration at Registrar office?
Querist :
Anonymous
(Querist) 11 October 2011
All dear experts thanks for your valuable suggestion. I have not found any POA in favor of 5 peoples or any Society Letter head attached with any Member list, along with Registered Land sale Agreement. Is it Mandatory as per Law to give produce or attached said document at the time of Registration at Registrar office?
sanjeev murthy desai
(Expert) 12 October 2011
Unregistered society should not hold or sell any property. In this circumstances, such agreement is null and void "ab-initio" .
Generally parties signatures in the agreement is mandatory but some circumstances are exceptional but in your case agreement should be signed from property owner and purchaser.
