1 An agreement was executed by two parties on a five Rs. stamp paper vide dated 1-12-1999. This agreement was hand written but not typed. It was also attested by Notary Public. It was signed by both the parties and witnesses including one legal heir of Ist party.
2. In this agreement both parties agreed to exchange their houses and took their agreed possessions at that time. They executed power of Attorney in favor of each other and also promised to execute Sale Deed to each other. But at that time the Sale Deed was not executed by them due to closure of Sale Deed of that area by the Municipal Committee. The Sale Deed of that area is closed till now. The 1st party also gave 70000/ to the 2nd party, in lieu of that possession.
3. In this agreement it was also mentioned that the Legal Heirs (Representative) will not take any Legal action relating to the exchange of properties with each other.
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4. One of the parties to the agreement is no more.
5. But the legal heirs of the deceased are not ready to execute the above mentioned agreement while the second party is agreed to.
6. Now my queries are:-
Ø Whether the Legal Heirs of deceased party are duty bound by the above mentioned agreement.
Ø Whether the party to the second part (remaining party) can continue to have possession of the same and execute the sale deed of exchanged house in his name.
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