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Raghav Arora   28 July 2025

Can an agreement to sell be made with another party while an agreement to sell is pending with anr?

So a client wants to buy a prop and she is buying it from a broker who is in the process of buying the same from the original owner. 
The broker has executed an ATS with the original owner but registry is pending. 

The client wants to seal this deal soon. Is it safe to get an ATS executed before the broker gets registry done and concludes the deal with the original owner?

 

Or will it be valid and we can go for the ATS and later go for regy when he has perfected his title?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     28 July 2025

If the land owner has already entered into an agreement to sell his property with the broker then it would be pertinent that the buyer should ensure that the owner cancels the agreement with the broker and then enter into an agreement or a registered sale deed iteslf directly with the buyer subseqeuntly. 

Raghav Arora   28 July 2025

A little misunderstanding here Selvan Sir. 

Basically, broker made an ATS with the 1st owner to buy his prop. 
His registry is due in a month. 

Now we came in touch with him and he showed this property to us saying that it is his own property (Since he has almost completed the process of buying it). 

Now we want to conclude this deal and make sure we can buy the property. 

So if we sign an ATS with the broker with specific clause that he will sell it to us once the deal between him and the original buyer is concluded, will it be okay?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 July 2025


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