urgent query

This is a discussion on urgent query within the Buying & Selling Property forum, part of the REAL ESTATE & PROPERTY LAW category; Hi, We negotiated for sale of a plot with a house in Kanakapura, Bangalore, India, with the buyer. The buyer ...

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Old Nov 29th, 2007, 04:11 AM   #1
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Exclamation urgent query

Hi,
We negotiated for sale of a plot with a house in Kanakapura, Bangalore, India, with the buyer. The buyer paid Rs.5000 as token advance. The agreed price was Rs.1,75,000. When we were about to enter into an agreement to sell, the owner (my mother) said she does not want to sell the property and did not sign on the agreement to sell.
When the agreement to sell was prepared, the real estate agent involved and the myself (the owner's son) have signed as witnesses, as it was assumed that the agreement would take place. The buyer has also affixed her signature on the agreement to sell. Only the seller has not signed.
We now do not want to sell this property as it is causing lot of in fighting within the family. I believe this agreement to sell is not valid, as it is not signed by my mother, who is the owner of the property? What will be the implication if the buyer forges the signature of mother and says that the agreement of sell has taken place (i have given xerox copies of the title deeds to the buyer, which contains the signature of my mother). What is the legal recourse available to me in such a scenario?
We tried to tell the buyer that we do not want to sell the property and are ready to pay any damages. But, he wants us to sell the property, as per the oral negotiations. Please advise.
Thanks in advance,
Vijayendra S
Thanks in advance.
Vijayendra
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Old Dec 1st, 2007, 10:24 AM   #2
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Default Re: urgent query

It is not valid if your mother did not sign.

If the buyer forges the signature you may file criminal charges as that would clearly be a crime.
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Old Dec 2nd, 2007, 11:29 PM   #3
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Default Re: urgent query

Hi,
Thanks very much for your view.
How should I proceed in the matter? as the buyer is behaving slightly adament ................ Thanks in advance.
Vijayendra
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Old Jun 13th, 2008, 03:17 AM   #4
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Lightbulb Re: urgent query

the contract is void ab initio
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