Property based contract
prachi pandit
(Querist) 17 June 2013
This query is : Resolved
Husband sold a property to the customer and took a small advance payment of 5000 Rs. out of a total 90 lakh. Receipt was provided and payment done in cash.Later however he realized that he has given away his property at a low price and so looks to bind away from the contract. He claims three things-
Property was of wife and so could not sell at first place. Important to note that wife did know know of husbands doing. Could lead to fraud by husband but can he still not sell property??
part consideration was only provided and so not binding + consideration was very small only 5000, will that be a factor?
and that all terms of the contract were not decided and so it was not a binding contract
Can i get precedents or arguments in the favor of the husband. Thankyou
Dr. Jyothi Vishwanath
(Expert) 18 June 2013
Payment of 5000 is only a token advance. Till sale deed is executed or agreement for sale is executed, the parties, both seller and buyer can withdraw.
The husband can always return Rs.5000 back
and tell he is not interested in selling. The proposed buyer cannot force him or his wife to sell.
Rajendra K Goyal
(Expert) 18 June 2013
In absence of written agreement the money can be returned. In case any agreement exist, the terms to be looked into also.
Raj Kumar Makkad
(Expert) 19 June 2013
Husband is not authorized to sell the property lying in the name of his wife. This is the only and only ground to cancel the agreement even if the same executed by him with the proposed buyer. The proposed buyer cannot make claim against such property which do not stand in record in the name of so-called seller.
M V Gupta
(Expert) 19 June 2013
What kind of receipt husband has given to the buyer? This is very crucial to guide the husband in what manner he should call off the deal. If he says that the property belongs to his wife while returning the amount the buyer may call him a fraud and proceed against him to force him to get his wife sell the property. Does the receipt contain any terms and conditions for sale of the property? give full details.
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
As long as there is not document like sale deed or agreement for sale executed between the parties, the husband can simply walk out of the deal without telling that the prop belongs to his wife.
the contents of the receipt will matter only in case as mentioned by Mr.Gupta.
Or else if he chooses to just tell the buyer that he has dropped his intention to sell the property and there is not agreement to sell, there will not be any problem
