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Murali Krishna (Govt..Employee)     18 March 2009

Sale Agreement - Signed only by vendor

 Dear Members,

Please recall a serious discussion some time back on this forum as to the validity of a sale agreement signed only by the vendor. I would like to bring to your notice a recent Supreme Court judgement on this aspect, reported in (2009) 2 SCC 582, Aloka Bose v. Parmatma Devi and others.

The Supreme Court held  "In India, an agreement of sale signed by the vendor alone and delivered tot he purchaser, and accepted by the purchaser, has always been considered to be a valid contract. In the event of breach by vendor, it can be specifically enforced by the purchaser." (Para 18) 




 7 Replies



Thank you for your information.

In Kerala the VENDOR and PURCHASER should affix their photo and thumb impression in the sale deed for execution.This rule will be more useful to prevant any frauds,may occur in sale of lands.



M. PIRAVI PERUMAL (Advocate & Consumer Rights)     18 March 2009

Thanks a lot for the useful citation.

Manish Singh (Advocate)     18 March 2009

a real good information..


ravikumarbcombl (advocate)     18 March 2009

yes Mr.Murali.... ofcourse once acceptance can be proved then no doubt about the validity of the contract and enforceability.. and Mr.Jagadesh Govind please read fully the messages then only you will be the beneficiary ..... here we are talking about agreement ........is different from Sale deed.........  eventhough the agreements are not registered their enforceablitiy differ from case to case.... here mr.Murali discussing about whether one party's signature alone having the validity... ..  think and get something on this useful informations...... point to point.....

Shashikant V. Patil (Lawyer)     18 March 2009

Since it is a transaction, and to avoid further  dispute complaints , vedor and purchaser shall be present  personally for signing the agreement to sale and sale deed also. The same are prevailed in some states of India. 

Y V Vishweshwar Rao (Advocate )     19 March 2009

it is correct and the   reference of SC Judgment is inforamtive to  our friends 

Ashey   01 April 2009

thanks for posting the citation here

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