Civil Procedure Code (CPC)

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phani kumar   21 July 2021

Sale agreement

Hi Sir,
We have entered a sale agreement with Seller (Husband and Wife) for the purchase of land.
Now one of the sellers (husband) was died. Already signed sale agreement was expired.
Now, we are proposing to enter a sale agreement with all legal heirs (4 children's + Mother).
One of the legal heirs is staying in abroad, planning to give power of attorney to his mother. It will take some time in completing this process
Therefore, we are planning to enter a sale agreement with all the legal heirs without getting sign from NRI legal heir. Is this agreement being valid, we have already paid 50% of money to seller (deceased person).
Request your support.
Thank you

 2 Replies

suuny tyagi   21 July 2021

did you have any receipt of 50% and need attorney in favour of rest contact me at 8826824664

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2021

In almost all agreements it is stated that the Seller includes his successors and legal heirs. Even otherwise a person inherit the property of a deceased with all prior obligations and rights attached to it. Therefore, legal heirs cannot refuse to sell the property to you. You have all the rights to seek specific performance by the legal heirs of the deceased through court in the same manner as you would have done if the Seller was alive and was was refusing to transfer after sale deed.

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