Public Query / Open Forum

Breach Of Contract

We have entered into a Unregistered sale agreement with Seller, and As a Buy...

In Indian law, an unregistered sale agreement is still a valid contract under the Indian Contract Act, 1872, even though it does not by itself transfer ownership of property. Since the seller has breached the agreement by failing to execute the sale deed, your legal remedies depend on the terms of the agreement and surrounding facts.

First, even if you possess only a scanned copy, it can be relied upon as secondary evidence under the Indian Evidence Act, especially if the seller does not deny execution of the agreement or the receipt of advance. Supporting proof such as payment receipts, bank statements, messages, emails, or witnesses will strengthen your case.

Since the seller has returned the advance amount, you may still proceed legally if the agreement provided for penalty, compensation, or damages in case of breach. You can issue a legal notice demanding compensation for losses suffered, such as escalation in property prices, legal expenses, or other consequential damages.

If the seller acted dishonestly or never intended to sell, you may also explore criminal remedies for cheating under Section 420 of the IPC, subject to facts.

Alternatively, you can file a civil suit for damages for breach of contract under the Contract Act. However, a suit for specific performance may be difficult once the advance is refunded, unless you can prove continued willingness and readiness.

Consulting a property lawyer is strongly advised to assess evidence and choose the appropriate remedy.

31/12/2025 11:49 AM

how final partition of a property is done in partition suit case when there is an unregistered house & a co-owner, who is a widow daughter-in-law, aged 60+ is living in 1 room of that property for 30+ yrs? Will the partition be done land basis or room basis? There are 5 co-owners with 4 big rooms 1 after another with long veranda in front of the rooms and 2 small rooms one each on the end of veranda. The land is 1440sqft with front 23ft and depth 63ft. All the daughters are 65+ yrs. This property belongs to a hindu family.

In a partition suit involving an unregistered house belonging to a Hindu family, the final partition depends on several legal and factual considerations. Based on the facts you've provided, here's a breakdown of how partition typically proceeds in such cases -

1. Nature of Property - The property is ancestral or joint Hindu family property, and has not been registered individually. The presence of multiple co-owners (5 total), including a widow daughter-in-law in possession, is significant.

2. Legal Position of Widow Daughter-in-Law - Even if not a co-owner by title, a widow daughter-in-law living in the property for over 30 years may claim residence rights under Section 19 of the Protection of Women from Domestic Violence Act, 2005, and/or Equitable reliefs under civil law as a long-term occupant and family member. However, residence rights are not ownership rights, unless inherited from her deceased husband or by will.

Direct partition of the land as a whole, not room-by-room, unless all parties agree or if physical partition is equitably and practically possible. If the property structure allows a fair and independent division of built-up rooms (like in your case: 4 big rooms + 2 small rooms + veranda), physical partition (metes and bounds) may be ordered. However, If Physical Partition Is Not Equitable: The court may order sale of property and division of proceeds, especially when physical division is not feasible. 

09/06/2025 05:48 PM