undivided share
anupam sharma
(Querist) 11 March 2010
This query is : Resolved
7 persons have an undivided share in property which they intend to sell.Is only one agreement to sell is required of 7 agreements would have to be made??
Also will the rights of seller be affected if the demarcation of the land is done before the registration of the sale deed???
if the possession of the said land is given to the seller before such demarcation then will it be lawful ??
mahesh kumar yadav
(Expert) 11 March 2010
in my opinion we can do 7 members as party to the agreement but as per purchaser is concerned he has to take No objection from all 7 members in order to avoid future diputes,
no rights of the seller will be affected by demaraction before registration,
it depends upon the purchaser if he wants to buy the land without demarcation he can buy it is lawful, but after demarcation also he can purchase the property.
adv. rajeev ( rajoo )
(Expert) 11 March 2010
If they are having common intention to sell then can execute the only one agreement of sale to only one person, if purchasers are more then different agreement of sale.
Nothing will happen if the demarcation has been done before the registration of sale deed. At the time of registration of sale deed property numbers will be mentioned.
No problem if possession is handed over to the purchaser before such demorcation
Parveen Kr. Aggarwal
(Expert) 11 March 2010
If all the seven persons want to sell their property to single person, they can jointly execute single agreement to sell with signatures of all of them thereon. It is not at all required to execute seven separate agreements. At the same time, there is no bar in executing seven separate agreements if they intend to do so. It is the option of the sellers.
It is a matter of agreement between the seller(s) and the buyer whether the buyer wants to purchase the land after demarcation or without demarcation. In case the buyer insists for demarcation prior to agreement, the seller(s) will have to get it done.
Delivery of possession with or without demarcation will have no legal implication except that the buyer will get only what is the subject matter of the agreement to sell.
