Sale agreement with possession and with full consideration
3 years ago
A realtor Mr R has purchased land in 2006 to the extent of 160 guntas . In 2007 he has executed Sale agreement with possession and with full consideration in favour of Mr X(GPA HOLDER) who is also financier to the Realtor. In 2014 the developer has committed suicide and police registered the case. It is understood that he has left a suicide note wherein he has accused the financier .
After the death of the realtor, the GPA HOLDER ie Mr X himself executed the sale deed and got registered on his name. In the sale deed he has mentioned the name of the Realtor as Mr R only and not as Late Mr R. So here Executant and executors is one and the same. My point is
1. Is that sale deed executed by the GPA HIMSELF after the death of the Realtor valid in law and the title will be transferred to the GPA holder.
2. Is the H’ble Supreme Court decession on Suraj Lamps Case applicable here where in it was mentioned that an agreement of sale whether with possession or with out possession is not a conveyance
3 is the contract act applicable here so that the sale deed registered after the death of the Realtor R is valid in law and title will be Transferred
Can you please provide more specifications
Ayantika Mondal @ Prime Legal
Responded 3 years ago
More specifications are required
The entire facts needs to be read before giving any concrete legal advise.
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