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Bals (Executive)     13 December 2011

Cancelled sale agreement

We are four legal heirs, My mother, myself and two married sisters. My mother and myself had entered into a sale agreement and signed the agreement(un registered) and received an advance amount through cheque,      but my two married sisters due family issues thery are not ready to sign neither Sale agreement nor the Sale Deed.  The buyer is nor ready to cancel the sale agreement, he is forcing us and issued a legal notice to get it signed by my sisters. As per our expert lawyers suggestions from the club, I have replied to the notice informing about my inability to sell the property, as we four together are the joint owners and the possessors of the undivided share of the said schedule property. In the notice my lawyer stated that after receiving of the reply notice the agreement of sale will stands cancel. And also stated that we are ready to return the token amount.  But  the purchaser has not taken the token amount, not he approached the court. It is already 1 month above we sent the reply notice. Is there any chance for him to file a 420 case on me or  any such.  Kindly do the needful.



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2011

He cannot initiate criminal case against you, even if h filed a case you have got proof ie.., reply notice 

K. GOPALAKRISHNAN (ADVOCATE)     14 December 2011

entering a agreement without proper parties.itself is void. however you should have mentioned in your notice that you two are ready to.execute sale deed of your respective shares send softcopy of agreement to.me.

Bals (Executive)     29 December 2011

Hi,

As I mentioned above, I am ready to give the money which I took from the buyer. But the buyer is trying to tresspass the said property, instead of taking back the money. Hence I have tried for Injunction in the court, through my Lawyer. My Lawyer is saying that the court is not giving in the order of  Injunction because in the AGREEMENT OF SALE, there is one clause that "THE VENDORS HAVE PUT THE VENDEE IN THE POSSESSION IN THE SAID PROPERTY ON THE DAY OF AGREEMENT",. So My lawyer is saying we will a file a suit along with the other legal heirs who are not signed the agreement of sale, for cancellation of the agreement through the court.  ]

Kindly give me the suggestions, Is it ok to file a suit? does the word possession matters in any mean?

can an Unregistered sale agreement enforceble in front the Law?  


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