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Kumar ravi (business)     26 December 2016

Sale agreement validity

Ravi purchased land from suresh..suresh did a sale agreement to ravi

90% the amount paid and only 10% amount need to be paid during the registration.

Suresh died in 2014 september (sale agreement was done in march 2014) and he written a WILL to his daughter stating that all properties belongs to her.Now suresh daughter is not willing to do registration or not willing to pay the amount  given to suresh

Now Q1. What are the legal options to Suresh to proceed?


 5 Replies

r.sathyanarayanan   26 December 2016

File a case for specific performance against Suresh daughter.

Vivek H Bedarker (A)     27 December 2016

Your act is illegal prima facie unless you had a registered agreement to sale (bana khat/ sata khat as being called in few states). Did you pay 90% money through registered agreement or just like that?

Vivek H Bedarker (A)     27 December 2016

Registered agreement for sale and registered sale deed are separate documents

rajeev sharma (Advocate Ex senior manager law )     27 December 2016

First of all check wheter the agreement to sale was properly registered 

Secondly the payment made by you was mentoned and acknowledged by the deacesed seller.

The agreement was witnessed by two witnesses 

if all these condition are met you may file case of specific perfonce against the daughter of deceased seller.

Pl note an unregistered agreement may not be read in evidence in a civil suit unless both th parties to the suit agrees to the contents of th e agreement 

Rajkumar Tiwari (Lawyer)     28 December 2016

File a case in Civil court for Specific Performance against the Daughter of the deceased seller. I hope you had made payment through the cheque or through the bank in any mode it will helps to establesh your case and as you said, that you had done registered Sale Agreement it also help to prove sale transaction between you and the deceased.

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