Dear Sir/Madam,
Request for your clarification on below mentioned case.
Three brothers, the vendors,entered into an agreement of sale (unregistered)30 yrs ago for sale of their joint property,5 acres of agricultural land.Received complete sale consideration and executed a registered irrevocable GPA in favour of Vendee's nominee, 30 yrs ago.GPA holder sold one acre and executed registered sale deed and passed over the possession. GPA holder handed over the possession of balance 4 acres to the vendees and agreed to execute sale deeds as and when demanded by the vendees over an unregistered written agreement 20 yrs back with a specific clause of no time limit. Vendees could not sell 4 acres land over last 20 yrs and did not get sale deeds executed by the GPA holder, but were in possession.Recently one of the donors of GPA died. Vendees approached the vendors to execute sale deeds now. They have refused. Questions:
1.Is the GPA valid now for execution of sale deeds, at least to the extent of 2/3 of 4 acres as two of the three brothers are surviving.2.Can the two surviving brothers be held responsible for registration of complete 4 acres if the legal heirs of the expired brother refuse since they have unencumbered joint properties in other survey NOs?
The surviving brothers acknowledged in their relpy to legal notice, the existence of Agreement of sale, GPA, however made a false claim that sale consideration was paid partially and hence agreement of sale became invalid long time back. They never raised this disputed earlier. They never made any attemp to revoke the GPA.It is very clearly mentioned in GPA that it is valid till completion of sale. Few of original cash receipts have been misplaced. Photostat copies available for all.
A suit filed against the two surviving brothers and legal heirs of deceased brother for specific performance of contract of 30 year old and for agreement of 20 year old with GPA holder. The judge at admission stage says the agreement of 30 yrs back is no more valid. Agreement of 20 yrs back with GPA holder ( part performance of original sale agreement through passing over the possession) can only be considered. This is not a fictious case. A real and genuine case, right now with the District Judge.
As I understand from SC judgement of 2012 in the SLP of Suraj Lamps Vs State of Haryana, SA and GPA have to be considered as valid documents for Specific performance suits in such type of cases. Vendees should be allowed to pay stamp duty now and get the registered sale deeds executed.Is my understanding OK?
Kindly clarify and advise how we should move forward.
Regards,
Raghunath Reddy T
