Legal Question in Real Estate Law in India

My grandfather had a property in NEW DELHI and he gave it out on lease . Now after his death the tenant has produced an Agreement to Sell made between him and my granfather which is registered in the court but no Sale Deed was executed . To our knowledge no such document was made, even if it is proved by the tenant that that the" Agreement to Sell" is true, do we have any role in the property since the document is registered ? Is it possible to sell out the property to a third party legally?


Asked on 4/13/10, 6:29 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once there is an agreement to sell between ur grandfather and his tenant, it is not possible to sell the property till the document is canceled. you may move the court for cancellation of the agreement to sell otherwise the tenant can enforce that agreement to sell on the legal heirs by filing a suit for specific performance of contract.

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Answered on 4/13/10, 6:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Even if that agreement to sell is genuine, you may still sell the property to any other person PROVIDED you are prepared to suffer the consequences i.e. damages for breach of contract.

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Answered on 4/18/10, 10:15 pm


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