LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abhijit_Law   14 October 2016

Agreement to sale issue

My father and elder brother had decided to sale some property (1.5 acres of agriculture land) however the next party did the agreement to sale on my father’s name when my brother was out of town and they said that this agreement to sale will just be notarized and give into bank for their bank loans to complete this deal; but later they approached my brother and ask him for sale deed of 1.5 acres of his land which was decided as per commitment of both parties earlier but now the situation is - my father has signed the agreement to sale of 1.5 acres of his land and sale deed has happened with my brother on his 1.5 acres, we approached that party and asked them to return that agreement to sale which was done on father’s name however they are not returning it and giving some excuses day by day, sometimes they are saying we have shredded it, sometimes saying it is in bank for that loan they have taken. Queries are - how we can cancel my father’s agreement to sale? If that party has deposited it into bank then does my father has right to ask bank to show him the same so that we can verify what is written in it? What if my father makes gift deed of that land on my 2 sister’s names (this is what we are thinking)? Please advice.


 8 Replies

Kumar Doab (FIN)     14 October 2016

Who is owner of the land 1.5 acres :in agreement to sell signed by brother and father, separately.

Abhijit_Law   14 October 2016

Hello Sir, 1.5 acres of land was to be sold by brother to another party that deal has happened but before that there was another agreement to sale signed by my father with the same party which was not supposed to sell.

1.5 acres of brother and 1.5 acres of father both are separate.

 

Abhijit_Law   14 October 2016

Basically that party has intentionally taken sign from my father on agreement to say stating that this will just be notarized and presented to bank for loan purpose however after having lot of discussion when they are not giving proper answer as what has happened with that agreement we are foreseeing misuse of that thing or they might have different intension. We just need to get it back or cancel it through my father as the deal with my brother has already done properly (Sale deed is done as per commitment and payment is also received to my brother from them). pleaes help

Kumar Doab (FIN)     14 October 2016

You have grossly erred.

 

if possible get the agreement cancelled by mutual consent.

 

Or Approach a very able counsel specializing in reveneu/property/such/civil matters ASAP and proceed to cancell the agreement.

Abhijit_Law   14 October 2016

One of the persons has advised us to file a case against them stating that they have forcibly signed the document from my father and other advise has come to us to have gift deed of my father's land(He has total 1.5 acres of land only, not more than that) to my sisters who are happily married to their husbands. will this resolve our prolem.please advise.

Kumar Doab (FIN)     14 October 2016

Instead of person:

Approach a very able counsel specializing in reveneu/property/such/civil matters ASAP

Instead of discussions; try to capture record admission by them; (audio/visual/witnessed/minuted).

If in agreement to sell amount of advance/consideration has been inserted; it makes you liable.

 

Rest is upto you.

 

 

 

Abhijit_Law   14 October 2016

Thanks a lot sir.

Kumar Doab (FIN)     14 October 2016

You are welcome.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register