Why Property Agreements Get Rejected and When Property Agreements Become Legally Void: What Buyers Must Know
Today we will talk about agreements, which are those agreements which the court does not accept, if you have bought a house or plot or land and you have got the agreement written by another person and you have also given money to the other person, then what are those agreements or what kind of mistake is there in those agreements due to which the court will not accept those agreements.
And if the court is not accepting those agreements and if the other person is not ready to get the registry done in your favor, then your money will be lost If any case of your agreement is going on in the court, then you can go to our estampaper.com and check whether our agreement case will be successful or not and if you are going to make any agreement in the future, then also you must read it so that whenever you make an agreement, it remains in your mind that I do not have to make such a mistake.
After reading or reading any agreement, you can find out whether this agreement will really be valid in the court or not, so understand first of all we divide our point into different points. Firstly, the seller is not the owner of that property and he has made the agreement.
That is, A has made an agreement in favour of B and he himself is not the owner of the thing for which he has made the agreement. Either it is government land or land in his father’s name or land in his mother’s name and the mother is also alive.
The father is alive and he says that I am making the agreement or the land is in his wife’s name and the husband is doing it. That is, if you are getting an agreement done with a person who is not the owner of that property in the record documents and later that person changes, then through the code you cannot get that property transferred to your name.
So you have to keep in mind that whenever you get an agreement done, you must check whether the property is in the name of the person selling it or not. Check his name in his property, check his name in his Aadhar card, check his name in his identity card, match his photo with that person, check if it is him or not, find out exactly what happens many a times. There are two persons with the same name, sometimes a duplicate person also comes.
Someone should get his address separately at his level, the seller is doing this at his level, separate from his relatives, people he meets, villagers, whether it is the same person or not, one thing is decided, not the seller, second thing, the person from whom you are buying the property, if you give it to someone else instead of giving him the money, even then the value of the agreement with him is zero.
Like you bought property from A and what did you do, you put money in the bank in the name of A’s son or A’s wife or on the instructions of A you put money in his account in the name of some other person or gave it to some other person, you wrote down the money and wrote in the agreement that I have put the money in this account and given it to this person, it means that even if the money is not going to the seller, the value of that agreement will be zero.
Because the person who sells, he should get some consideration according to the law and when he is not getting that if you give money to some person then you are giving it to someone else If you buy property from someone, then his case gets completely messed up, still it becomes void.
There are some agreements which are void from the beginning. For example, if the person from whom you have bought the property is a minor, that is, if you have bought property from a person who is below 18 years of age and that person has made an agreement in your favor, then that agreement has no value.
That is, if it is void, then you cannot sue him on the basis of that agreement or if the other person proves that the person selling the property is insane and you have bought the property from an insane person, then also the value of that agreement is void or if the other person proves that this agreement has been made under pressure or the agreement has been made by deceiving him, then also the value of that agreement becomes void.
But the person who says that he was pressurized or cheated, he will have to prove it, but the insane person will not have to prove it, if he is insane, then what will he prove, he himself is insane and his family members can prove it, there is another agreement, what happens in it is that the seller does not have his signature.
Meaning it is completely fake or he neither sold the property nor did he put his thumb impression, even then the valuation of that agreement is zero, meaning if a case is going on against you on the basis of that agreement and the other person proves that his signature is not there and his signature is not found in the FSL investigation, even then that claim will be rejected.
Meaning if a case is going on against you or is going to be registered, if the seller is not the owner, even then the agreement will not be followed, there will be no registration in the court, even if the money is not paid.
Some conditions of the agreement bring the claim of the agreement sometimes at this moment and sometimes at that moment, that is, some conditions like suppose you gave him land and in return he is giving some land or you are going to fulfill some other demand of his which you did not fulfill, then on the basis of these conditions also the case of agreement is rejected by the court.
Second thing is how much is the stamp duty in the agreement limitation, whether it was registered or not, suppose the stamp is less or it was not registered, then there is a way for this also, if brother you will have to pay the stamp duty through the court.
How to get it registered through the court, if you do not do that also, then it means that there is a legal mistake, everything else is ready, if the legal mistake is not going in your favor, then also your agreement will be rejected.
That is, the other person with whom you are getting the agreement done is not selling you the land through the agreement and you want to get the agreement registered through the court and the other person does not agree with any one of these things. If you prove one thing and not all then your case becomes zero.
If you prove this then there are some cases in which you can get your money back, there are some cases in which you will not even get your money back, like the seller is not the owner and he has got the registry done in your name, so even if the registry is not with you, you will still get the money from the court.
Now in this, the person to whom you have given money, no one else, he will not give you money, the person to whom you have given money, no one else, if you have written proof then you can get the money back from him, in the case of a minor you cannot get the money back from him, even in the case of a mad person you will not get the money.
If you do this under pressure and fraud, then also the chances of getting money are very less and in case of limitation, if the limitation has expired, then you will also face a lot of difficulty in getting the money, that is, if you are suing in the court on the basis of the agreement you have made or have filed a case in the court, then you will have to sit and think deeply whether my agreement case actually falls in any of these categories or not.
And the witness of that agreement will say the opposite that he did not give the money in front of me and you are saying that he gave the money in front of the witness but did not sign in front of me, you are saying that he signed in front of me, this is also a different point in which there are chances of winning and losing.
Secondly, if the seller of the property has died or the buyer of the property and the person making the agreement have died, then there is something different in this too, those circumstances have to be understood on the basis of the agreement.
Common Reasons Why Property Agreements Are Not Accepted by Courts
Reason | Explanation |
---|---|
Seller is not the legal owner | If the seller’s name is not on official documents, the agreement is not valid. |
Money not paid to the actual seller | Payment made to someone else on behalf of the seller makes the agreement void. |
Agreement with a minor | Agreements with individuals under 18 years are void from the beginning. |
Seller is mentally unstable | Agreement made with an insane person is legally invalid. |
Agreement made under pressure or fraud | If coercion or deception is proven, the agreement holds no value. |
Signature or thumb impression is fake | If FSL proves signature is forged, the agreement is rejected. |
Stamp duty not paid or insufficient | Agreements without proper stamp duty or registration may be legally unenforceable. |
Conditional agreements not fulfilled | Agreements based on unmet conditions (like land in exchange) are not enforceable. |
Limitation period expired | Filing a case after the legal limitation period weakens your claim. |
Witness statements not matching | Contradictory statements from witnesses can lead to agreement rejection. |