rajarajan a (aeo) 27 March 2011

sale aggreement

sir, my father has inherited property from my grandfather.He has entered into an sale aggreement which is not registered to someone by taking a advance and finish the sale within 3 months.But the buyer is forcing us to register although 6 months from the date of aggreement has gone.As it is a inherited property i issued a notice to him that because of partition issues it cant be entertained.But he is saying that he ll fight in the court if not carried out .What is the validity of sale aggreement in case of inherited property if executed unilaterally between my father and buyer withiut consent of son above 18 yrs of age?What is the solution to this problem?.Kindky suggest.

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Jebaraj Jasper Jacob (Advocate) 27 March 2011

As per Limitation Act, sale agreement can be enforced within three years from the date of refusal. Time is not the essence of contract. So mere mentioning of time in the sale agreement does not have any impact. The aggrieved person can reckon the period from the date of sale agrreement or from the date of refusal. With regard to your second query if you can prove that the property is ancesteral then your father cannot execute sale agreement for the entire property. So first issue an notice to your father and the said person holding sale agreement claiming your share in the property and then file a suit for partition against both of them .