voidable contract
george
(Querist) 15 December 2009
This query is : Resolved
Sir
A sale deed was registrered by fraud .Then a notice was given keeping the possession for rescinding the sale.then the buyer came for compromise ,and forced the seller to sign an agreement on a plain paper agreeing that there was dispute in connection with the deed and now the buyer is inclined not to go to further legal proceedings.the agreement was signed by both buyer and seller.
now can we clam the original deed as per the notice stands rescinded.because the buyer has accepted he has received the notice.and the voidable contract became void in so far as he has accepted there was dispute.
also,for alteration of a contract the original deed stands dischrged.
and whether the subsequent unregistered agreement is valid as per law to validate the original deed in as much as the revocation notice is complete.
n.k.sarin
(Expert) 15 December 2009
you must go to the court for declaration that the said sale deed is voidable and got canceled it from the court.Otherwise it stand valid and it may create problem in future.subsequent unregistered agreement is valid but not enforceable.
Raj Kumar Makkad
(Expert) 15 December 2009
Merely signing on plain papers and treating the sale deed as rescineded is not a legal thought. Sale-deed still stands intact untill it is set aside by civil court for which subsequent contract shall become a useful evidence and it shall helpful for both the parties in dispute.
aman kumar
(Expert) 21 December 2009
unregistered agreement is valid but not enforceable by law
