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

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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