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m.kupparaju (Advocate)     20 July 2009

Sale Agreement

Sale Agreement


X entered into a Sale Agreement with Y for sale of his Revenue Site for a valid sale consideration and Y has paid an advance amount and agreed to pay the remaining balance sale consideration at the time of execution and registration of the sale deed within 6 months from the date of Sale agreement. Y paid the balance sale consideration amount within 6 months from the date of agreement and asked X to execute Sale Deed in his favour. In the mean time Government of Karnataka restricted registration of revenue sites in the State.  Whereas X as a principal with a good intention executed a Power of Attorney in favour of Y for his site and also an Affidavit acknowledging the receipt of entire sale consideration and handing over the vacant possession of the site also and assuring Y that he will execute the sale deed as soon as Government of Karnataka lifts ban on restriction on registration of revenue sites. Unfortunately X died (died without any legal heirs) before completion of Sale transaction leaving Y in a grave situation like being in possession of the site without a valid title. How can Y get a valid sale deed in his favour in such situation? What is the legal procedure to be followed to complete such Sale Agreement?


 2 Replies

saumit joshi (advocate)     20 July 2009

Sir as per power of attorney act, once principal is died than power of attorney becomes null & void. and in your case principal has no legal heirs, so your issue is critical as per law.But as per section 3 of power of attorney act when consideration of property is given at the time of power of attorney.In that case grantee may right over the property. 

Mrs. Hetal Sunil Shah (Advocate)     06 August 2009

absolute rights, proceed with further executing Sale Deed and complete the sale.

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