How to register if the seller dies aftr agreement

An agreement of sale is complete, valid and enforceable even if it is not signed by both parties, the Supreme Court has held. An agreement signed only by the vendor is enforceable by the purchaser.

A Bench of Justice R.V. Raveendran and Justice P. Sathasivam in a recent judgement said: “An agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. It can be oral. It can be by exchange of communications which may or may not be signed. It may be by a single document signed by both parties.” In case of vendor dies, buyer has to submit his death certificate and get registration done with the sub-registrar office.

Thanks for your reply :), sir the problem is we had done the agreement in 1995, if we go by the old agreement then we have to pay the penalty. Will that be liable.

Her husband is ready to co-operate , what is the way to do so that it can be done in todays rate.

Please do suggest a best idea.

Rgds

uday 

 

Well explained by my friend Mr Ramachary, in fact it is the intention of the party which matters in the agreement whether it is signed or not. If it is established that the intention was right and common the fact of the agreement becomes contract to get it enforced by the Law.

It is better if you go by the agreement and pay the penalty amount and make her husband as the witness for the same so that he also can not go against you in the case,  if he is cooperating this method is easy and good otherwise please note that a person's mind can be changed in few seconds and when the property will come under husband's title, how you will defend your claim if he does not agree to it .

In addition to the opinions of the above learned advocates, I may suggest that an alternate, provided the above is not feasible, make an agreement afresh with the husband on the basis of the previous agreement and proceed with the execution of sale of the property as per the terms of agreement drafted carefully suiting to your taste on the basis of the consideration amount already received by deceased and the same acknowledged by her husband confirming the receipt by her.   discuss the issue with the husband of the deceased and draft the same with the help of a local lawyer.

I have a similar case. Considering that the propoerty prices have gone up expenentially and the government has also fixed the Circle Rate/ Minimum Value at which the property can be registered depending on the area, Will the seller's heirs have any Capital Gain Tax implication even though the entire consideration was paid at the time of the agreement ?

Hi I have a similar case where the seller died after signing just the agreement of sale. The seller had received entire amount before the death but couldn�t sign the sale deed. Sub registrar is not ready for registration as he needs succession certificate from his heirs. But his heirs are not ready to give the certificate as they haven�t applied for it and neither do they need it. Because before the death the person had divided the money among the heirs. Can you please provide a solution for this case?