Legal Question in Business Law in India

valid agreement

there is an agreement between 4 parties.it shows how to divide a property (sale proceeds in case of sal

there is an agreement between 4 parties it shows how to disburse the amount if the property belonging to them is sold . agreement is in stamp paper . not registered.it also says that none except the siganatories can challenge th agreement . is the agrement a valid one? two persons died before sale of property. can heirs challenge that agreement? can the agreement be registered now?


Asked on 3/17/09, 1:21 am

4 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: valid agreement

Agreement cannot be registered after the death of the 2 parties. Further, it is valid in law and the legal heirs can challenge the same.

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Answered on 3/25/09, 1:50 pm
Ankur Mittal MITAL & MITAL Advocates

Re: valid agreement

if hte agreement merely contemplates about how to share the proceeds of the future sale, if any, it may not require registration as a pre-requisite for its validity.

the legal heirs would ahve a right to claim share from the sale.

thanks

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Answered on 3/17/09, 2:26 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: valid agreement

The agreement is valid and the legal heirs of the decesased persons shall be allowed as the parties in the place of deceased's.But trying to get the old agreement which also bears the names of the persons who are expired now,may be futile.Why just get hold of the old agreement even on this day.Instead of that you may write afresh document in the names of the persons who are alive and the legal heirs of the deceased by a common understanding.

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Answered on 3/17/09, 5:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: valid agreement

The validity of an agreement is not dependent upon its registration.

The legal heirs may be bound by the agreement.

The registration, though not required, may not be possible after death of any of the signatories.

If other conditions about its validity are satisfied, the agreement may be enforceable in law.

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Answered on 3/17/09, 8:18 am


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