Can immovable property be purchased by 'B' legally
Grandfather purchased an immovable property for his granddaughter some 6 years back from his own source. He got permission to sell the property with the 'consent affidavit' filed by granddaughter's parents before the Court to sell the immovable property to "A" within 3 months from the permission and the sale proceeds should be deposited in the Court. After getting permission from the Court, 'A' declined to purchase. So,'B" came forward to purchase the said immovable property putting a condition that permission for sale of the said property to "B" be got specifically in the name of "B" from the Court. Grandfather moved the Court. Court directed the grandfather(Petitioner) to file an petition for condoning the delay in selling the said property. Grandfather(Petitioner) filed the same as directed by the Court. Then the Court returned the original petition stating that 'permission was already granted' and therefore, there is no necessary for further permission and also no need for approval of the draft sale deed in favour of the "B"(new person offered for purchase) and the petition is also not maintainable.Whether "B" can purchase the said property now? If no, please inform the legal remedy. If yes, please, ,inform the same also with supporting legal views.
Asked 10 years ago in Property Law
would you please answer to-day itself?
Asked 10 years ago
1.The property was purchased for his granddaughter out of his source.
2.The original transaction was not materialized because of reason unknown to me. May be due to the reason that the intended purchaser failed to arrange for purchase consideration.
3.The permission now sought from the Court is in continuation of old petition only. Since the transaction was not materialized within three months as permitted by the Court early, the Court itself directed to furnish petition for condonation of delay while hearing the petition filed by the grandfather now.
4.The Court now, while disposing the new petition requesting to sell the property to 'B', returned the petition to the petitioner i.e.grandfather stating that since permission was already granted, there is no need for fresh permission and approval of the draft sale deed and as such the petition is not maintenable. In brief, the Court only directed to file condonation petition since the property was not sold as per the permission already granted. The court itself returned the new petition which was in continuation of original petition(only) stating that since permission to sell the property had already been granted, the petition now filed is not maintenable.In the Circumstances, can 'B' purchase the property. Whether it is legally valid or not.
Asked 10 years ago
