Legal Question in Real Estate Law in India
Mr. X has entered into a Sale agreement in March 2004 (ancestral property of Mr. G Class - I only legal heir for this ancestral property) with three sons and widow of 4th son of Mr. G expired in 1955. As per the Legal Heir ship Certificate issued in December 2004 of Mr. G are - Mrs. G, three sons, four daughters and widow of 4th son and his three minor sons and daughters. In January 2005, all the legal heirs unanimously had sold this property including the minority holding in January 2005 through a G.P.A to Mrs. S. Please clarify the following:
1. Can Mr. X file a suit in the court for specific performance even though he has entered into Sale agreement only with four legal heirs out of the twelve which includes minority share.
2. Mrs. S who had purchased the property in January 2005 has also availed the declaration from the minors who have become major in 2010 affirming the Sale executed by her mother for her and the minors share to Mrs. S and she obtained Revenue Patta in her name.
3. I have entered into an MOU with Mr. X on 30.12.2004. Since the matter is in court as on date for suit filed by Mr. X, I am keenly interested to purchase this property. Please state whether it is better to buy this property from Mrs. S who also interested to sell this property to me or wait till the court decision.
3 Answers from Attorneys
section 14 prohibits specific performance of such agreements.
this is a collusive suit and is barred by the law.
already answered.
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