Agreement to sell immovable property

Such an "Iqrar Nama" was violative of principles in judgment titled laid down by Supreme Court Farzand Ali Vs Khuda Bakhsh and others PLD 2015 SC 187 wherein it was held that agreement to sell was not a dead poll unlike e.g. a power-of-attorney which is only executed by principal and agent's execution is neither required nor expedient

In law agreement to sell immovable property was a contract and the first and foremost requisite of a contract (agreement) was that the parties should have reached agreement which meant that an agreement was founded upon offer and acceptance, thus, for the purposes of a valid contract (agreement) there should be the meeting of minds of contracting parties

Where a contract was reduced into writing, not only should it be founded upon imperative elements of offer and acceptance but its proof was also dependent upon execution of contract by both contracting parties i.e. by signing or affixing their thumb impressions so that same should reflect and establish their "consensus ad idem" which obviously was the inherent and basic element of meeting of minds which connoted the mutuality of ascent and reflected and proved the intention of parties thereto

In particular it referred to the situation where there was a common understanding of parties in formation of the contract in absence of which there was neither a concept nor possibility of a valid contract.

Agreement to sell immovable property was a contract and the first, and the foremost requisite of a contract (agreement) was that the parties should have reached agreement

Where a contract was reduced into writing, not only should it be founded upon the imperative elements of offer and acceptance, but its proof was also dependent upon the execution of the contract by both the contracting parties i.e. by signing or affixing their thumb impression, so that it should reflect and establish their "consensus ad idem", which obviously was the inherent and basic element of the meeting of the minds, which connoted the mutuality of assent, and reflected and proved the intention of the parties thereto

Non-execution (non-signing) of the agreement to sell by the vendee meant that in law and fact there was no contract (agreement).

Such person would have no right to challenge such agreement as its legality or validity could be challenged only by its executants or a person having a right therein.

Binding effect.