My late father had made an agreement of sale of Shop in 2001, there is a case pending in HC on the said property and so it is mentioned in the agreement of sale, stating once the case is finished the buyer shall make necessary transaction and complete the purchase. The case is still pending as of date.
Now that the prices are gone high and it’s the only property which can gain rent for our livelihood, we don't want to execute this agreement of sale and we are ready to pay his advance amount.
I would like to inform that My Mother, My Brother and I had signed as witness on the said agreement of sale.
The agreement of sale is done in presence of Notary Public.
Further the purchaser is in possession of the said shop.
My question is
1. How to proceed further in getting possession of the shop.
2. How to cancel the Agreement of sale.
3. What are the chances winning?