Legal Question in Civil Rights Law in India

Laws on Immovable Property

i have a property in Bihar (India) which is an ancestral property and i am in possession of the same for the last twenty years. there was a mutual agreement between me and my brother that he would sell the same property to me and in futherence of the same he took the advance also but there was no written agreement on the same deal. now my brother does not want to sell the same to me but to a third party. i want to stop him for selling the property to some body else.


Asked on 5/14/07, 3:17 am

3 Answers from Attorneys
Viswanathan Ganapathy G Viswanathan & Associates

Re: Laws on Immovable Property

It is possible to seek specific performance of an oral contract to sell. But it has to be established that your brother had taken the money as advance sale consideration. Studying the entire facts will help.

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Answered on 5/14/07, 3:21 am
rajeshwar sharma rajeshwarnathsharma

Re: Laws on Immovable Property

Oral agreement is valid agreement in the eyes of law as per Superme Court judgement but you have to prove the same. You may file a suit of injuction against your brother from selling property under agreement with mandatory relief to sell the same to you

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Answered on 5/14/07, 8:22 am
G. M. Gupta gmguptaandassociates

Re: Laws on Immovable Property

did u give cash or cheque.

you can prove cheque but not cash. dont leave the possession of the property and let him file the case. depending on the circumstances u can also file the case but it would be better if he files the case.

being ancestral property he is a share holder in the property and u can create so many problems for him.

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Answered on 5/14/07, 11:17 am


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