Regarding agreement to sell
jatinder kumar
(Querist) 24 July 2012
This query is : Resolved
IF 'A' MADE AGREEMENT TO SELL WITH 'B' OF PROPERTY..........
BUT IN THIS AGREEMENT TO SELL, NO TERM REGARDING FURTHER SALE OF PROPERTY BY 'B' IS WRITTEN/MENTIONED ETC...
NOW 'B' HOLDS THE AGREEMENT TO SELL.....
AND WANTS TO SELL IT FURTHER TO 'C'
PLEASE SUGGEST ME WITH SOME CITATIONS....
IF B CAN MAKE AGREEMENT TO SELL WITH C THEN, KINDLY PROVIDE ME ANY CITATION.....
THANKS
Adv.R.P.Chugh
(Expert) 24 July 2012
B can validly assign his rights in the said agreement to sell to C. Or if it is agreeable to A then they can do what is known as novation of contract and parties may be substituted.
If A is not up for the same, then also in my view B can enter into agreement to sell. But that would be a contingent contract - only if sale in B's favour fructifies would the contract in favour of C operate.
ajay sethi
(Expert) 24 July 2012
for citations visit indian kanoon website .
if by agreement for sale A has transferred his right , title and interest in the property to B then B can sell the property in favour of C
jatinder kumar
(Querist) 28 July 2012
thanks for your valuable replies
