Hi All,
I & my mother have entered into an agreement of sale in 2011, to sell the land of 100 sq yards which my father owns the title, however he was expired in 2009. The legal heirs of this property are Myself, my mother & two sisiters(married).
My both sisters who are the other legal heirs of the property had not entered in this agreement & was not aware of this contract.
Here in this agreement myself & my mother(expired in 2014) entered into the agreement, to sell the property for 7 lakhs for which we received a consideration of Rs 1 lakh.
The buyer after this transaction he insisted to get the signatures of the other two legal heirs(sisters), who not at all the parties of the agreement. I refused to do so & thought to cancel the agreement.
The buyer filed a suit for specific performance in 2012 & got an exparte injuction for the same. We also along with my sisters filed a counter suit, that without the signatures of the other legal heirs we cannot perform the duty as per the agreement.
Now the two cases attached and are in same court & pending for trails.
So, I want to know the validity of the Agreement of sale without the signatures of total number of legal heirs. My mother expired in between.
The above said property is not partitioned yet.
What could be the end result? Will the court orders me to perform my part on this property(which is not partitioned) or will it direct me to refund the advance consideration amount with interest.
Thank you,
Regards,
Bala Shivudu.
