Can a person register land to other which he got via agreement from main owner
6 months ago
I wanted to sell my agriculture land. A person entered into the sale agreement and we fixed X as total cost for the land. He paid 25% of the X amount as advance and promised to get the land registered on his name within 3 months by paying remaining 75% amount. He then entered into the agreement with other person without my knowledge for the same land at a higher price than we both decided X+Y (where Y is the extra price he is collecting from that person) and took some amount as advance from him. Later when I asked him to register the land on his name by paying the pending 75% amount he is asking me to register the land on the other person name at the same price which we both decided. And he claims that this is a normal practice to enter into sub agreement with third party without intimating the original owner of the land.
How far its legal to do a sub agreement? Can I deny registering land to the third person? What steps can I take to further stop this loss?
A sub-agreement other than an original sale agreement executed between the original landowner and the original buyer of the property is impermissible being infructuous and unenforceable under law. The original buyer who entered into a sub-agreement with another person without the knowledge or consent of the original landowner is a breach of the implied conditions of the contract/agreement even if it is not expressly mentioned in the terms of the original agreement. In the prevailing situation, serving a legal notice to the Buyer, cancel the Sale Agreement on the ground of breach of contract and file a civil suit against the buyer before the Civil Court having jurisdiction over the subject matter claiming compensation for financial loss arising out of the breach.
In India, a sub-agreement, also known as a sub-sale or further sale, is generally legal unless it's prohibited by the terms of the initial sale agreement or it contravenes the law in some way. Review the terms of the original sale agreement you had with the first buyer and look for any clauses or conditions that might restrict or prohibit sub-sales. If the first buyer has violated the terms of your original agreement (by attempting to sell the land to someone else), you may have grounds for a breach of contract claim. You can generally refuse to register the land in the name of the third person if the original buyer hasn't fulfilled their obligations as per the initial agreement. If the sub-agreement is found to be in violation of the terms of the original agreement, you may explore legal remedies such as filing a suit for specific performance, or cancellation of the agreement.
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