Regarding Sale agreement

Manish Chauhan (Querist) 14 July 2015 This query is : Resolved
Respected sirs/maams,

I am not well versed with law terminologies so kindly excuse the illiteracy here.

We have an ancestral property in form of a plot in Delhi. A person(close friend of my father's brother) approached my father and showed interest in purchasing the property.
My father agreed to sell it and got into an agreement with the person after he paid a meagre amount as bayana. This happened last year in july 2014.

However, the time period for paying the remaining amount is not mentioned in the agreement. Also, we have only the photocopy of the agreement original lying with the person. We have been trying to contact the person but he is not responding.

I am a bit tensed and would need your expert opinion on the following questions:

1. Can my father sell ancestral property?
2. Can the person usurp our property by altering the agreement saying he has paid the whole amount?
3. For what period will this agreement stand valid, in case we want to get it developed by someone else?
4. What remedial action can we seek?

A prompt reply would be much appreciated.

thanks in advance.

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ADV-JEEVAN PATIL, MUMBAI (Expert) 14 July 2015
1)Since signed agreement n not mentioned total consideration value it is not appropriate to sale. 2) better settle within yourself. 3)However he cannot alter agreement.4)Agreement is valid indefiinate period.

Dr J C Vashista (Expert) 15 July 2015
1. No, your father can not sell the ancestral property except his own share. If he sells or intends to sell any/all members of family may seek an injunction (stay) from the court.
2. Alteration in agreement does not create any title over the property and the person holding the agreement can at last issue notice for execution of documents qua property after payment of balance consideration. If he does, report the matter to police for cheating, fraud and conspiracy.
3. Time is one of the essential ingredient of an agreement, which can not be ignored while drafting the agreement. Show the document to a local lawyer.
4. Consult a local lawyer for further advise, guidance and proceeding.