A lengthy post, but wanted to give a clear picture.
- We have a house property in father's name who expired without any will. My mother, myself (Son) and my 2 sisters are his legal heirs, me and my mother are in possession of the property.
- Myself and my mother entered into sale agreement with a buyer sometime in March 2016 (this year).
- We asked for reconsideration of the sale amount which buyer agreed and we (myself and mother) entered into another agreement with the same buyer for reconsidered amount on a date (in March) later than the previous agreement.
- We have a statement on both agreements that, That, this agreement shall be valid ONLY till 5-June-2016 on or before which the PURCHASER shall pay the VENDORS the sale consideration amount and complete the sale process and get the SCHEDULE PROPERTY registered to his name, failing to which this agreement shall stand cancelled without any further communication.
- Also there is another statement, That the VENDORS hereby declare that, they have not entered into any agreement of sale in respect of SCHEDULE PROPERTY with anyone other than the present PURCHASER, earlier to this agreement and this agreement supersedes all earlier understandings, if any, relating to the sale of SCHEDULE PROPERTY and shall be fully binding on the parties hereto.
- In VENDORS section of both agreements, both of my sisters name is mentioned but they have NOT signed on either, whereas I have a registered GPA from them. Neither I have signed in the signature columns across their names.
- I have received close to 15% of sale consideration amount from buyer.
Now the situation:
- Dates mentioned in both the agreements have been crossed.
- Buyer is neither making any payments nor giving any assurance of a clear date when the payments would be made.
- Is it illegal on our part for signing two agreements?
- Whether the agreement is valid (since signatures across my sisters columns are empty)?
- Which one of the agreement is valid?
- How long is the agreement valid?
- Can I go ahead with selling the house to another buyer?
- Is it legally permitted to deduct any amount from the current buyer's advance for causing me distress?
- Will all these have any legal implications on my sisters?