LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K.P.Nataraj (Trader)     05 February 2025

Transfer of property reg

Respected Sirs,

 

                                 My Friend owned an Immovable property land of 900sqft.

He made a Sale agreement with the Purchaser who made some advances and agreed

to purchase the said property within 5 months.  An Unregistered sale agreement was

made. But due to some misunderstandings between my Friend and the  Purchaser the

Sale did not happen.

                                The Purchaser filed a Specific Performance case before the Court.

After this, my Friend contacted the Purachaser many times to solve the problem. But

the Purachaser   is so adamant and does not want to settle the issue out of Court.

                                 Now My Friend made a Settlement Deed of the disputed 

property to his Son (Major) who also knew about the case and the dispute.The 

Settlelment Deed was registered with the Sub-Registrar.

                            I want clarifications reg:

                 a)  Whether the Settlement deed is valid ?

                  b)  Whether the Purchaser can file a Criminal complaint against

                        my friend and his son?                          

Thanking you,

Yours Sincerely



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 February 2025

When a property is subject to an unregistered sale agreement, it cannot be sold within three years of the agreement's date.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 February 2025

Your friend should first issue a lagel notice to the purchaser intimating the decision ot terminate the sale agreement as the buyer violated the conditions therein and instruct him to collect the advance amount.

Since this is an unregistered sale agreement, it is not enforceable in law, however the court may pass an order to refund the advance amount.

However when the suit for specific peroformance of contract is pending, it can be considered as lis pendens hence alienating the property duing the pendency of a civil suit pertaining to the property may draw adverse inference

1 Like

Advocate Bhartesh goyal (advocate)     06 February 2025

When the buyer has filed suit for specific performance  of contract against your friend and is pendency before court then if any settlement deed has been executed by your friend would not only  draw adverse effect on case but also considered as lis pendency and the judgment of court will have binding effect on your friends son.

1 Like

Dr. J C Vashista (Advocate )     06 February 2025

The settlement is void and illegal.

The agreement to sell is still in vogue and purchaser has every right to invoke the provisions of Specific Releif Act to perform his part of agreement.

1 Like

P. Venu (Advocate)     06 February 2025

To my knowledge and understanding, the decision of the Court would be bindin on the son as well.

However, the posting suggets deeper issues.

1 Like

K.P.Nataraj (Trader)     07 February 2025

Respected Sirs,

           Thank you very much for your valuable opinions.

           But I haven't received reply for my second query.   Is there any possibility for Criminal action?

     Please clarify.

kavksatyanarayana (subregistrar/supdt.(retired))     07 February 2025

It will not come under crime.

1 Like

Muhammad Ayyub (Lawyer)     07 February 2025

The settlement deed made by your friend in favour of his son may not be valid if the court finds that it was done to defeat the specific performance case filed by the purchaser. Since there was an unregistered sale agreement, the court will decide if it holds legal weight based on the facts. The purchaser can challenge the settlement deed in court and argue that it was done in bad faith. As for a criminal complaint, the purchaser may try to file one for cheating or fraudulent transfer, but whether it stands depends on evidence and intent. Your friend should consult a property lawyer to handle the case properly and avoid legal risks.

 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register