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Audry Fernandes (nil)     04 June 2012

Validity of agreement

Some of my relatives signed an Agreement 3 years ago, giving rights to an agent to sell their ancestral property. One of the heirs had not signed it. Also one of the signatories has expired. The Agent has done nothing so far.

Now they have found an interested party.


Does this Agreement stand valid?


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 June 2012

What type of agreement, you have not mentioned  in your query? There are two types of agreements. " Agreement to sell ". An agreement of Sale" is quite different from that of an "Agreement to sell " . An agreement of sale is a complete transaction. The possession and ownership are transferred to the buyer in the agreement of sale. An agreement of sale is also called as " Contract of Sale '. Whereas by a transaction of agreement to sell,  which is also known as " Contract  for sale ", the transaction is not yet complete. The possession and ownership are not yet transferred to the buyer . It may be cancelled, if the conditions of the Agreement  to Sell are not complied by both the parties.  In certain circumstances,one of the parties to the agreement to sell may be compelled to seek specific  performance of the contract under the Specific Relief Act.  

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 June 2012

No since the Authorisation to the agent to work has not been acted upon in their lifetimes - in absence of contract to the contary, and in absence of it being an agency coupled with interest - it stands revoked on death of principals. 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     04 June 2012

What type of agreement? 

Audry Fernandes (nil)     04 June 2012

Thank you all for your responses.

I have not seen the doc but I have been told it is an agreement with an agent giving him right to sell the
 ancestral property belong to my relatives and to pay him a percentage of the proceeds. They have also given him a POA which is also not signed by all.


I wii check with them and get the details tonight.

Audry Fernandes (nil)     06 June 2012

I am told they have signed an agreement giving him the right to sell/develop the property. However the right to sign the sale deed rests with the owners.

They have also given him a POA to enable him to take action on their behalf with BMC and other authorities.

1. Of the signatories, one person has not signed either of the documents.

2, One of the signatories has expired a year ago.

Are these documents still valid after 3 years of inaction.

They do not have copies as the person has not given them the copies.

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