Sale agreement validity

phani kumar (Querist) 21 July 2021 This query is : Resolved
Hi Sir,
We have entered a sale agreement with Seller (Husband and Wife) for the purchase of land.
Now one of the sellers (husband) was died. Already signed sale agreement was expired.
Now, we are proposing to enter a sale agreement with all legal heirs (4 children's + Mother).
One of the legal heirs is staying in abroad, planning to give power of attorney to his mother. It will take some time in completing this process
Therefore, we are planning to enter a sale agreement with all the legal heirs without getting sign from NRI legal heir. Is this agreement being valid, we have already paid 50% of money to seller (deceased person).
Request your support.
Thank you

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Quick Summary

This discussion addresses the validity of a sale agreement when one of the sellers has passed away and the original agreement has expired. The proposed solution involves entering a new agreement with all legal heirs. Options include obtaining a Power of Attorney from the heir living abroad or purchasing shares of the property in stages. It's advised to get a fresh agreement signed by all legal heirs and consult a lawyer to review title papers before registration.

kavksatyanarayana (Expert) 21 July 2021
The legal heir who is abroad shall also sign on the deed. So get to be prepared a GPA in your place on white papers and send it to the person who is abroad. After receipt of the same, he shall get to be attested a Notary Public/Counsellor/Embassy as the case may be.

K Rajasekharan (Expert) 22 July 2021
There is another way to purchase the entire property in two parts.
You can purchase the 4 shares out of the five shares in the undivided property right now, by paying 30 per cent of the agreed price in addition to the 50 per cent you already paid.

Later, when the power of attorney is ready some days later you can purchase the remaining 20 per cent share of the undivided property from his/her attorney holder. Then the entire property will be yours.

Dr J C Vashista (Expert) 22 July 2021
Well analysed, opined and advised by experts I agree.

Get a fresh agreement to sell be executed between all LRs of deceased and you.

Either the NRI/ abroad person may authorise (by executing PoA) any of his/ her siblings to sell his / her share or leave his/ her share for the time being.

krishna mohan (Expert) 23 July 2021
If the property is transferred in the name of all legal heirs you can re enter the agreement for sale signed by all legal heirs with the guidance by a lawyer to review the title papers so that when the property is registered as a sale deed no issues. You can also explore the suggestion of Mr.Satyanarayana if the property is undivided and all legal heirs agreeing for the same as per the division mutually agreed to.

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