Husband selling house & not giving the proposed amount to wife

My father purchased 288sq. meters plot in 1983 and constructed a house in 1987. In 1996 he made a construction of stair case and a room on first floor. In the year 1997, he made construction of wall compound. My grandfather (paternal) had transferred a plot to my mother's name. But in 1993, my mother sold that plot to my cousin brother. Now my father wants to sell the house. As me and my mother opposed him, he started threatening us. After few days, he offered us some amount which is 25% of the total price. Then we signed a notary which stated that we don't have any objection to sell the house. We also signed the 'Sathekhat'. But now my father is denying the proposed amount. 'Kharedikhat' is still to be done. Can I go to court and cancel the Sathekhat?

Answers (2)

188 votes

Sathe khat is the contract between buyer and seller of the land in which buyer of the property agrees to buy the property at specific price in future date.

This is a contract duly executed between the “Vendor” (Seller) and the “Purchaser”, and legally binding on both the parties. Generally this agreement-to-sale consists following details: -
1. Names, address, age and nationality of the vendor & purchaser.
2. History of ownership of seller with sequence of documents, and development rights acquired by the developer from the original owner/s; in case developer is seller.
3. Description of property i.e. Survey No., Plot No., C.T.S. No. etc. and Area of property.
4. The terms, conditions and convenants agreed by and between the vendor & purchaser according to which the property is agreed to be sold or purchased.
5. Specifications of constructions and list of amenities and facilities proposed to be provided by the developer/owner, for purchase of built-up properties.
6. Total purchase value/consideration & schedule of payment according to which the purchase price and other charges are to be paid.
7. Annexure documents of ownership by way of 7/12 extract / property register card, copy of approved plan / floor plan etc.
8. Title-Search-Report & Clearance certificate from the advocate / solicitor who has investigated the title of the property, for minimum period of 60 years.
9. Schedule of property giving description, location & area of the property agreed to be purchased/sold.

Notes: –
It is mandatory to register the agreement to sale with respective Registrar of assurances within 4 months by paying adequate stamp duty & registration charges. Please note that unregistered agreements/deeds are not considered by the financing institutions and the Court of Law in case of litigation. An agreement to sell is an important document in the process of sale or purchase of property. The agreement contains conditions that the parties agree upon. It binds them to these terms and conditions. As against this, a sale deed is a written document executed by a buyer and seller. It gives details of how the seller got the property, at what price he is selling the property, assurance to the purchaser that the property is free from any encumbrance, indemnity clauses etc. A sale deed is executed by both the seller and purchaser, and is registered with the office of the registrar. It is executed subsequent to the agreement to sell, and is based on the terms and conditions contained in and agreed upon in the agreement to sell. It is signed and executed by the seller and buyer on a nonjudicial stamp paper. As such, it has legal value and can be produced as evidence. An agreement to sell is the base document on which a conveyance deed is drafted. Every document of transfer of property through sale will be preceded by an agreement to sell. Usually, an agreement to sell is in writing. Although an agreement to sell may be oral, because of attendant risks, they are always made in writing.

Kharedi khat is the contract between buyer and seller of the property in which title of the property is transferred to the buyer from seller. It is also called as conveyance deed.

If the sathekhat is missing the above mentioned important information then definitely you can challenge it in court. Since the court procedure is complicated, before that you can send a legal notice drafted by a lawyer.

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160 votes

Hi. From what I understand from your query, it appears that your father had purchased the plot and constructed the house. So it's his own property. He can do whatever he deems fit as legal owner of the property. Your and your mother's right in the property will crystallise only upon the demise of your father as his legal heirs. From the query I also understand that your grandfather had transferred a plot to your mother's name. Now is this plot the same plot on which your father constructed the house? That's not clear from your query. Also as regards the agreement for sale known as Saathekhat which you have signed, I will need to check the contents before I can comment and advise further. I'm assuming that you and your mother are made parties to that agreement as confirming parties confirming the sale transaction. Since as before said, your father is the owner of the plot and house, he can deal with the same in any manner he deems fit and he must have made you and your mother signed the agreement for sale and other motorised writing as stated by you, just to place your no objection against the sale of the property on record. As you and your mother are not owners of the property and from what I have gathered from your query, I think you can't do anything to challenge the agreement for sale in which you were made parties since you and your mother do not have any ownership rights in the property.

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