Agreement to sell
Naga
(Querist) 31 May 2012
This query is : Resolved
Sir
The seller in the year 2002 gave his ancestral property through a registered gift deed to his wife and due to problems with his wife in the year 2005 he cancelled his gift through registered DEED OF REVOCATION OF GIFT SETTLEMENT and the property is in seller's possession. And the seller's wife separated by taking their two children and filed a case in the family court in the year 2006 and the contents there in are not known to us.
In the year 2008,june the seller wishes to sell the property and took an advance of Rs 3 Lacs out of a total consideration of 9 lacs from my uncle and signed an agreement and fixed a period of 5years for completion of this sale transaction . We recently know that the seller died in the year 2009,January and that property has been occupied and given to rent to others by his wife( As they are the only legal heirs) and collecting rents from them from 2009 Febraury onwards. Last month we approached her and requested to register as per the terms of this agreement to sell and she bluntly refused and warned to do whatever we wish.
My uncle is old and can not move , so is there any chance to transfer his right of the agreement, either to get registration of the property to be done or to get back his advance amount as the agreement period is not lapsed.
adv. rajeev ( rajoo )
(Expert) 31 May 2012
He can execute the regd., PA in favour of a person whom he trusts.
ajay sethi
(Expert) 31 May 2012
contact a local lawyer . your uncle can execute power of attorney in your favour to attend court , appoint advocate , take legal proceedings etc . POA has to be registered .
as far as agreement for sale is concerned has the wife challenged revocation of gift deed .
once gift is made of property by regd gift deed and duly stamped donor has no rights on the property .
once posession is given to donee title passes on to the donee .
the agreement of year 2008 giving period of 5 years for completion of sale is uheard of . your uncle has paid rs 3 lakhs . since wife is refusing to honour agreement you are in for long messy court battle
Adv.R.P.Chugh
(Expert) 31 May 2012
Dear Querist,
1. Gift Deed once executed and registered cannot be challenged unilaterally. If the seller's wife chooses to challenge the recovaction of gift - then' it would be hard to sustain it.
2. Your uncle can assign his rights under the agreement to sell to you - by a registered deed - and you can then ask specific performance from seller's legal heirs - since they derive their interest from seller - they are bound by seller's agreement - file an SP ASAP.
Feel free to discuss !
Anirudh
(Expert) 31 May 2012
Dear Mr. Naga,
Either the facts are not clear to you, or you are not telling the correct facts.
FIRSTLY, if it was 'ancestral property' of the seller, he could not have GIFTED the property to his wife.
If it was not an ancestral property, then the Registered GIFT DEED executed by him cannot be revoked by him.
As rightly advised by Mr. Sethi, your uncle have very tough time in getting things done.
Ofcourse, your uncle can give power of attorney to you to do things on his behalf or assign the agreement to sell in your favour, and you can then proceed. BUT YOU ARE ON A VERY VERY WEAK WICKET.
S Jadhav 98336 98330
(Expert) 01 June 2012
Ancestral property is to be distributed to the legal heirs as per the relevant succession Act. If the seller is Hindu, and the property is ancestral, then the wife and children inherit the property also on birth. So the seller cannot gift or revoke the gift on his own.
If it is not ancestral property, then once gifted the seller could not have executed the deed of revocation on his own. In fact, the gifted property would again have to be either gifted or transferred to the seller by the wife since she has become the owner.
Your uncle should not have given any money to a person who does not appear to have ownership of the property.
But all this is suggested without seeing the papers.
S Jadhav
